Philippe Dam, European Union advocacy director for the NGO Human Rights Watch, calls on Monday April 4 morning on franceinfo for “absolutely thorough investigations are carried out as soon as possible” in Boutcha, near kyiv in Ukraine, where several hundred bodies of civilians were found, according to local authorities, after the withdrawal of Russian troops.
franceinfo: Can we already talk about war crimes?
Philip Dam: It is indeed essential to investigate as thoroughly as possible the cases that emerge, like this. I think we have to consider that we are at a crime scene. As far as possible, it is necessary to identify the causes of death of people, the types of injuries, the positions of the victims, identify the names, collect the testimonies of witnesses and survivors. It is on this basis that we can effectively confirm that these are deliberate attacks by Russian forces and therefore war crimes. One thing is already possible: an NGO like ours, as well as many others, have started to collect these testimonies and this information on the basis of the available elements, in particular photos, videos, testimonies of the victims. On this basis, we ourselves have already concluded that certain crimes committed could constitute war crimes.
Does this corroborate previous acts of executions and rapes that you had documented since the start of the war?
Exactly. The images that are beginning to emerge in Boutcha this weekend reflect on a large scale what has already been observed over the past few weeks. Three different cases of summary executions have been documented in Boutcha and Vorzel, near kyiv, as well as near Cherniguiv, and one case of sexual violence near Kharkiv, in the east of the country. It is indeed very consistent, unfortunately, with the images that emerge in Boutcha. Absolutely thorough investigations must be carried out as quickly as possible because the evidence disappears very quickly, and it is important that these investigations begin now.
The Russians claim to have left the city on March 30, and accuse the Ukrainians of manipulation: how to identify those responsible?
It will be necessary to identify the position, the names of the victims, the situation in which the bodies were found. Photos and videos will need to be analyzed to confirm their authenticity. It is important to bring medical examiners to the scene as quickly as possible so that they can draw up medical reports on the injuries caused to the victims, on what really happened. It will also be necessary to ensure that experts in this type of crime can identify the bodies. If there are mass graves, it is essential that they are protected so that professional exhumations are carried out to obtain the most accurate narrative possible of what happened in Boutcha and other areas affected by the these violence. It is on this basis that the investigations of bodies such as the United Nations commission of inquiry established at the beginning of the month or the International Criminal Court will be able to base themselves in order to identify the facts, and reconstruct the chain of command and responsibility: who made these decisions, who should have prevented them and who is personally, criminally responsible for the crimes that were committed if they are confirmed.
The International Criminal Court opened an investigation in early March: what are the possible consequences?
I think it is important to identify this chain of command and responsibility, from the officers of the units present on the ground who may have participated in these crimes up to the highest levels. This chain of command, it is possible to reconstruct it on the basis of the information available, on what is known about the presence of Russian troops in the areas affected by the fighting and occupied. I think that we must also rely on the use of universal jurisdiction, which allows courts [de justice] individual countries, including France, to hold accountable those responsible for these crimes because of their extreme gravity.