Rebuild People To Rebuild Ukraine
Luxembourg, October 2024
Open Letter To:
International Committee of the Red Cross (ICRC)
Government of Luxembourg
Anne Calteux, Head of Representation of the European Commission in Luxembourg
Olivier Maes, Permanent Representative of Luxembourg to the UN
Demanding accountability: The failure of the ICRC and the urgent need for justice for Ukrainian Prisoners of War
Dear Representatives,
We are writing to address the growing concerns over the ongoing violations of international humanitarian law concerning Ukrainian prisoners of war (Po/s) held in Russian captivity, The severity of these violations, compounded by the ineffectiveness of the International Committee of the Red Cross (ICRC), calls for urgent action.
According to the Register of Missing Persons, as of September 18, 2024, more than 65,000 Ukrainian military and civilians have been registered as missing or captured by Russian forces. Over 50,000 Ukrainians remain missing, and many are likely in captivity under conditions that contravene the Geneva Conventions. These include arbitrary executions, systematic torture, starvation, and lack of medical care. The ICRC, despite its mandate to protect POWs and ensure compliance with the Geneva Conventions, has been consistently denied access to Ukrainian PoWs by Russian authorities.
This failure is not only a breach of international law but also a stain on the ICRC’s credibility and effectiveness.
Since the start of the full-scale invasion, various international human rights organizations have been reporting gross human rights violations. Ukrainian PoWs face inhumane treatment, including starvation, sleep deprivation, and denial of medical care. Many are held in overcrowded, unsanitary conditions where they are subjected to physical abuse, isolation, and forced labor. Meanwhile, Russian PoW/s held by Ukraine are treated in accordance with international standards, with the ICRC granted full access, underlining the stark disparity in treatment between the two sides.
The Olenivka massacre of July 2022, where Ukrainian PoWs were killed in a Russian-controlled penal colony, stands as a tragic reminder of Russia’s disregard for international humanitarian law. Despite the gravity of this crime, no independent investigation has been conducted, and the wounded defenders remain in captivity. The ICRC’s lack of action in demanding accountability for such atrocities further erodes its credibility.
Moreover, recent UN reports reveal that over 95% of Ukrainian PoWs have been subjected to torture. These include beatings, electric shocks, asphyxiation, and sexual violence. The use of torture is systematic, aimed at extracting false confessions and weakening the resolve of those held. 186 locations have been identified where Ukrainian PoWs and civilians are tortured, The ICRCs inability to address these abuses and its failure to enforce its mandate has resulted in ongoing human rights violations without international oversight.
In light of these violations, we demand the following actions:
International Committee of the Red Cross (ICRC):
The ICRC must take immediate and decisive steps to gain access to Ukrainian PoWs held by Russia, as stipulated by the Geneva Conventions. Its continued failure to do so not only
undermines its reputation but also enables Russia to continue its illegal practices without accountability.
Government of Luxembourg:
Luxembourg, a strong supporter of Ukraine, should press for greater international accountability. We urge the government to hold Russia accountable for its flagrant violations of international law and to push the ICRC to fulfill its mandate. Luxembourg’s role within the UN and other multilateral organizations can serve as a platform to demand immediate corrective measures.
European Commission Representation in Luxembourg:
The European Union has long stood as a bastion of human rights and international law. We call on the European Commission, through its representative, Anne Calteux, to bring the issue of Ukrainian PoW/s to the forefront of EU discussions and to ensure that international organizations, such as the ICRC, do their part in protecting the rights of PoWs.
Luxembourg’s Permanent Representative to the UN:
Olivier Maes, Permanent Representative of Luxembourg to the UN, should use this position to bring global attention to Russia’s violations of international humanitarian law. Luxembourg can play a leading role in advocating for justice for Ukrainian PoWs and ensuring that the ICRC upholds its obligations.
The ongoing torture, extrajudicial executions, and illegal detentions are gross violations of the Geneva Conventions and international humanitarian law. The ICRCs passivity and failure to assert its mandate have resulted in suffering and death. We urge you all to take decisive steps to hold both Russia and the ICRC accountable for their roles in these ongoing atrocities.
Sincerely,
Nicolas Zharov
President, LUkraine
Inna Yaremenko
Representative of the Ukrainian Parliament Commissioner for Human Rights in the Grand Duchy of Luxembourg