Russia’s war against Ukraine will soon enter its fourth year. Since February 2022, violations of the laws of war have led to needless civilian death, suffering, and devastation with more than 12,456 Ukrainian civilians killed and 28,382 injured, at least 6.8 million having left the country, and millions more internally displaced. Thousands of homes, hospitals, schools, and other civilian infrastructure in Ukraine have been damaged or destroyed.
As this dreadful anniversary nears, the Trump administration is rapidly moving towards negotiations with the Kremlin. Civilian protection and justice need to be central to any negotiations.
One immediate issue is the need to release Ukrainian civilians from Russian custody. These include thousands unlawfully detained and held by Russia in occupied areas of Ukraine and those forcibly transferred to detention facilities in Russia. A United Nations body recently concluded that Russian authorities torture Ukrainian civilians and prisoners of war (POWs) “as a crime against humanity.”
While the Geneva Conventions require the prompt release and repatriation of POWs at the end of active hostilities, negotiations offer an opportunity to highlight the urgency of achieving this.
Russia continues to be an occupier in parts of Ukraine where millions live and is bound by the law on occupation. Investigations should continue into Russia’s violations of its obligations as the occupying force for example, by coercing residents to serve in the Russian military, imposing Russian citizenship, forcibly transferring civilians to other areas, imposing the Russian state curriculum in schools and other educational institutions, and politically indoctrinating school children in order to deny them the right to know and express their Ukrainian identity.
Justice cannot be negotiated away. The perpetrators of war crimes, including widespread, indiscriminate bombing and shelling of civilians and civilian infrastructure, torture and ill-treatment in occupied areas and Russian prisons, and the torture and executions of POWs, must be held accountable. Investigations and prosecutions need to be supported and well-resourced. The International Criminal Court’s (ICC) arrest warrants against Russian President Vladimir Putin and five other high-ranking officials must be honored and ICC member countries should oppose the Trump administration’s sanctions on the court and forcefully support the court’s crucial role.
Trump’s recent, incendiary and factually untrue statements and controversies around potential negotiations should not distract from urgent concerns for the rights of people in Ukraine’s occupied areas. The release of civilian detainees and repatriation of POWs should be a priority and victims of atrocities should receive justice and reparations for the harm they have suffered.
