In June, ECCHR and ULAG filed a criminal complaint in Germany under the principle of universal jurisdiction against two members of the Russian military and two of their superiors. With the complaint, both organizations are supporting a survivor who was raped by the Russian soldiers. The complaint aims to counteract gaps in Ukrainian law and hold all perpetrators – including commanders – to account.
Although in absentia proceedings against one of the alleged perpetrators have already been initiated, a comprehensive criminal prosecution in Ukraine is currently not possible. The ongoing war severely inhibits investigative efforts, while Ukrainian law also lacks two crucial features. On the one hand, crimes against humanity are not punishable in Ukraine. On the other, the law does not recognize the principle of “command responsibility,” i.e. the responsibility of commanding officers for the actions of their subordinates. This principle entails that high-ranking military personnel are also liable for such crimes if they knew, or must have known, of them and still failed to prevent them.
Such war crimes are not isolated incidents: as of June 2023, investigations were opened in Ukraine into 208 cases of conflict-related sexual violence (CRSV). The number of unreported cases of CRSV is, however, likely far greater. CRSV is too often fostered by the inaction of commanders, which is why command responsibility is crucial in preventing impunity. More about the case
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