24.10.2014

Cluster munitions in the east of Ukraine: Information for Russia

23 October Russian Foreign Ministry spokesman Alexander Lukashevich tweeted Ministry that the use of Ukrainian government forces of cluster munitions shows  “barbaric nature of the punitive operation of Kiev”  – the so-called Kremlin in the armed conflict in eastern Ukraine. Lukashevich  called on  the international community to ensure that the Ukrainian authorities for not using this type of weapon.

The representative of the Russian Federation in its report referred to a recent report by Human Rights Watch, in whose preparation I was directly involved. We have collected evidence of the use of cluster munitions in 12 incidents. In some of these episodes, particularly in relation to impacts in early October in Donetsk, we have collected a substantial body of evidence pointing to the responsibility of Ukrainian forces.

However, there are strong indications that the pro-Russian militia, and perhaps even Russia itself is also used cluster munitions in the east of Ukraine. All parties to the conflict use the same type of weapons, so to ascertain with certainty the responsibility is not always possible. So, we have documented the deaths of three and wounding of 17 civilians in a small town south of Starobeshevo Donetsk. The shelling was carried out during a massive attack on the Ukrainian militia forces, who eventually retreated with heavy losses.

Ukrainian authorities immediately declared that the shelling was carried cluster munitions from the Russian territory. Our research at the site has shown that, given the trajectory of the flight of missiles firing could be conducted both controlled by the Ukrainian government, and from the Russian territory. We were unable to determine exactly how the forces were dealt a blow, but the responsibility of Russian or pro-Russian militias present case can not be ruled out. This and other episodes require detailed investigation.

Russia has used cluster munitions in other armed conflicts. During the war between Russia and Georgia in 2008, Human Rights Watch  documented several episodes of  the use of cluster munitions by both parties. At the same time, in spite of the overwhelming evidence in Moscow persistently denied the use of cluster munitions “in the zone of the Georgian-Ossetian conflict.”

Today, Russian diplomats readily appeals to our data on violations from Kiev. However, as we have already  pointed out  in a similar situation, putting forward the charges against the Ukrainian government, Russian blind eye to documented that require condemnation of violations by pro-Russian militias.

The international community really must demand from Kiev eliminating the use of cluster munitions. But if Moscow wholeheartedly condemns this method of warfare, the Russian side itself should make a promise not to use such weapons – and to accede to the Ottawa Convention, which prohibits it. In addition, Russia should investigate reports of militants in eastern Ukraine application of cluster weapons and to use their influence to prevent such violations.

Author: Ole Solvang, a representative of Human Rights Watch

Sourse, 23/10/2014

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