Ukraine: The war crimes debate keeps international bodies on edge

With peace negotiation talks underway, international organizations fear that the search for a resolution will leave unpunished the complaints of mistreatment and torture inflicted on prisoners of war.

The humanitarian conflict unleashed by Russia's invasion of Ukraine remains a matter of concern for international bodies. Despite attempts at peace negotiations, tension persists not only over the military deployments that continue unabated around the disputed territories, but also over the multiple complaints of war crimes against Ukrainian civilians and prisoners. Reports of mistreatment and torture of Ukrainians have been released throughout the year and submitted to international bodies, in a demand to protect the integrity of the populations held captive in this conflict. 

Last week, the global human rights organization Human Rights Watch spoke out about the situation of prisoners of war who have been victims of assault and abuse by Russian military forces. In a statement, the organization indicated that during their detention the prisoners were subjected to physical and psychological torture, which constitutes a war crime on the part of Russia. 

This was documented through a series of interviews with about ten former Ukrainian detainees who were captured in 2022. Torture with electric shocks, mock executions and repeated beatings are some of the various acts of violence they said they experienced during their detention by Russian forces. Added to this are sexual assaults such as rape, electric shocks to the genitals and forced nudity, among others. HRW recalled that Russia is a party to the Geneva Conventions, which set out the criteria to be applied to prisoners of war and how their treatment must be subject to international law.

Likewise, in November, Amnesty International had also warned of the importance of Russia answering for its violations of international law. In the context of the U.S.-mediated peace talks, Amnesty demanded that this not mean leaving war crimes unpunished or letting the Russian government avoid accountability. The humanitarian organization warned that these peace processes must not be sealed on the basis of oblivion and the lack of reparation for the victims of the constant human rights abuses perpetrated since the outbreak of the conflict.

The Council of Europe, the central body that brings together the continent's humanitarian organizations, has also agreed on this point. Earlier this month, the Council published an article reflecting on the dangers of democratic logics of what it described as a “transactional” kind. That is, peace agreements devoid of values and, in the name of diplomacy, without regard for justice and the safeguarding of human lives at risk. While the Council stressed the pressing need to reach a peace settlement, it also warned that most of the talks were based more on criteria of territory, military capabilities and economic resources, while offering no response on the humanitarian emergency, especially regarding the affected populations.  

The escalation of human rights violations

Between 2022 and 2024, reports of torture were constant from multiple official human rights bodies. Among the factors of greatest vulnerability is the impact on children and entire families affected by Russian attacks on Ukrainian territory. The UN Human Rights office pointed out this year that between February 2022 and December 2024 the deaths of almost 700 minors and more than 1,800 injured were reported as a result of the actions of the Russian occupation on Ukrainian soil. By December 2024, it was estimated that, due to the conflict, more than 700,000 children had been displaced from their regions because of the attacks. UN Human Rights denounced the case of some 200 Ukrainian children displaced to areas occupied and controlled by the Russian government, an action that would constitute a war crime.

Sexual and digital violence

The various forms of torture and abuse have been investigated, documented and denounced by the media, international bodies and humanitarian associations alike. The United Nations Population Fund (UNFPA) issued a report in November last year focusing on the sexual and digital abuse of Ukrainian prisoners of war. It cites a Ukrainian government document recording more than 300 cases of conflict-related sexual violence, whose victims included more than 200 women and some 114 men. 

Compounding this was digital violence, manifested in the dissemination of photos and video recordings of these same acts of torture. This affected not only the direct victims but also their families. According to the report, even the psychological assistance provided to these victims was at risk of digital violence due to the constant monitoring and tracking of these people's online activity. 

Guillermo Whpei

President of Fundación para la Democracia