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CONSEJO DE DERECHOS HUMANOS - Informe A HRC 5954 Add 1

Consejo de Derechos Humanos

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CONSEJO DE DERECHOS HUMANOS - Informe A HRC 5954 Add 1
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Consejo de Derechos Humanos
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Infralegal
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Internacional Público
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GE.25-06159 (S) 230525 260525 Consejo de Derechos Humanos 59º período de sesiones 16 de junio a 11 de julio de 2025 Tema 3 de la agenda Promoción y protección de todos los derechos humanos, civiles, políticos, económicos, sociales y culturales, incluido el derecho al desarrollo Visita a Ucrania Informe del Relator Especial sobre las ejecuciones extrajudiciales, sumarias o arbitrarias, Morris Tidball-Binz Resumen La Secretaría tiene el honor de transmitir al Consejo de Derechos Humanos el informe del Relator Especial sobre las ejecuciones extrajudiciales, sumarias o arbitrarias, Morris Tidball-Binz, sobre su visita oficial a Ucrania, que tuvo lugar del 20 al 31 de mayo de 2024. En el presente informe, el Relator Especial examina las violaciones del derecho a la vida en el contexto de la agresión en curso de la Federación de Rusia contra Ucrania, ofrece recomendaciones para que se investiguen, se enjuicien y se reparen estos crímenes internacionales de manera efectiva y centrada en las víctimas, insta a la comunidad internacional a que preste más asistencia a Ucrania y expresa su disponibilidad para contribuir a estos esfuerzos.

El resumen del presente informe se distribuye en todos los idiomas oficiales. El informe propiamente dicho, que figura en el anexo, se distribuye únicamente en el idioma en que se presentó.

Naciones Unidas A/HRC/59/54/Add.1

Asamblea General Distr. general 30 de abril de 2025

Español Original: inglésA/HRC/59/54/Add.1

2 GE.25-06159 Anexo

Naciones Unidas A/HRC/59/54/Add.1

Asamblea General Distr. general 30 de abril de 2025

Español Original: inglésA/HRC/59/54/Add.1

2 GE.25-06159 Anexo Informe del Relator Especial sobre las ejecuciones extrajudiciales, sumarias o arbitrarias, Morris Tidball-Binz, sobre su visita a Ucrania

I. Introduction

1. At the invitation of the Government, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Morris Tidball-Binz, conducted an official visit to Ukraine from 20 to 31 May 2024, during which he travelled to Kyiv, Kharkiv, Dnipropetrovsk an d

Chernihiv Oblasts.

2. The visit was conducted in a spirit of constructive dialogue, guided by the principles of independence, impartiality, objectivity and integrity and followed a victim -centred approach.

3. The Special Rapporteur expresses his utmost gratitude to the Government for its excellent cooperation in preparing for and facilitating the visit, its openness in sharing information and its commitment to continuing the constructive dialogue in follow -up.

4. In Ukraine, the Special Rapporteur had the opportunity to meet with State authorities, including the Minister of Justice and the heads of the forensic, penitentiary and international cooperation departments at the Ministry of Justice; senior officials f rom the Ministries of Foreign Affairs, Internal Affairs, Defence and Health; and officials of the medico -legal bureaux in Kyiv, Kharkiv and Dnipropetrovsk, under the Ministry of Health. He met with the Prosecutor General of Ukraine, officials of the region al prosecution offices in Chernihiv, Kharkiv and Dnipropetrovsk Oblasts, and officials of State investigative and security agencies such as the National Police of Ukraine, the Security Service of Ukraine, the State Bureau of Investigation, the Office of the Commissioner for Persons Missing in Special

Kharkiv and Dnipropetrovsk Oblasts, and officials of State investigative and security agencies such as the National Police of Ukraine, the Security Service of Ukraine, the State Bureau of Investigation, the Office of the Commissioner for Persons Missing in Special Circumstances and the Coordination Headquarters for the Treatment of Prisoners of War. He also met with the parliamentary Commissioner for Human Rights (Ombudsman).

5. The Special Rapporteur extends his appreciation to the Prosecutor General and the regional prosecution offices, in particular the regional prosecutor in Chernihiv and his team for facilitating field visits to the villages of Sloboda and Yahidne, to inve stigate sites of killings and meet with survivors and families of victims. He recognizes the valuable assistance of the regional prosecution offices in Kharkiv and Dnipropetrovsk in facilitating bilateral exchanges with families of victims, in full complia nce with the terms of reference of country visits by special procedure mandate holders.

6. The Special Rapporteur is grateful to the forensic doctors and pathologists at the medico-legal bureaux in Kharkiv and Dnipropetrovsk for facilitating unhindered site visits to mortuaries, despite challenging working conditions.

7. The Special Rapporteur held meetings with international organizations, including the International Criminal Court, the European Union Advisory Mission for Civilian Security Sector Reform in Ukraine, the International Development Law Organization, the International Commission on Missing Persons and the International Committee of the Red Cross (ICRC). He met with national and international human rights monitors and civil society organizations, and had meaningful exchanges with survivors and families of vic tims.

8. At the end of his visit, the Special Rapporteur, with the support of the Embassy of the Kingdom of the Netherlands in Kyiv, offered a briefing on his preliminary findings and recommendations to members of the diplomatic community, stressing the need to continue to assist Ukraine.

9. The Special Rapporteur deeply admires the courage and perseverance of survivors and families of victims in their relentless and dignified pursuit of truth, justice and

recommendations to members of the diplomatic community, stressing the need to continue to assist Ukraine.

9. The Special Rapporteur deeply admires the courage and perseverance of survivors and families of victims in their relentless and dignified pursuit of truth, justice and reparations. He reiterates his availability and willingness to support them and to as sist andA/HRC/59/54/Add.1

GE.25-06159 3 advise national institutions in their efforts, in his capacity as Special Rapporteur and as forensic doctor.

II. Previous visit

10. A previous mandate holder visited Ukraine from 8 to 18 September 2015. At the time, at least 9,167 people had been killed, 21,044 had been injured and 1,000 remained missing following the armed conflict triggered by illegal annexation, in March 2014, of the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation. 1 In his report, the previous mandate holder urged impartial and independent investigations into allegations of breaches of international law,2 and underscored the importance of identification and communication regarding the deceased in the context of armed conflict.3

11. The previous mandate holder expressed shock about the targeting of a passenger airliner, Malaysian Airlines flight MH17, which was shot down on 17 July 2014, killing all 283 passengers and 15 crew on board. He welcomed the investigations that were unde r way and called for accountability and reparations for the victims’ families.4

12. The previous mandate holder expressed concern about the lack of progress in the investigations into the killings in February 2014 of anti -Government protesters and police officers during the Maidan protests in Kyiv and the reported killings in May 2014 during clashes between pro - and anti -Government protesters in Odesa and in Mariupol, and he urged, as a matter of priority, the completion of impartial and transparent investigations into the events. The Special Rapporteur endorses the recommendations of his predecessor, and the relevant recent decision by the European Court of Human Rights.5

urged, as a matter of priority, the completion of impartial and transparent investigations into the events. The Special Rapporteur endorses the recommendations of his predecessor, and the relevant recent decision by the European Court of Human Rights.5

III. Scope of the visit

13. The objective of the visit was to examine reported violations of the right to life since the full -scale invasion of Ukraine by the Russian Federation in February 2022, including patterns of unlawful killings of civilians, either as a result of attacks directed at civilians or due to the use of weapons with indiscriminate impact in densely populated areas, and of summary executions of civilians, prisoners of war and members of the armed forces no longer taking part in hostilities, and to make recommendat ions for effective investigation, documentation, prosecution and reparation, paying particular attention to the rights of victims and their families. The Special Rapporteur also visited sites of missile and artillery attacks launched by the Russian Federat ion in civilian neighbourhoods, notably in Kharkiv, and inspected sites of arbitrary detention, torture and extrajudicial killings, in liberated areas.

14. The Special Rapporteur assessed existing legislative and institutional frameworks in Ukraine for effectively investigating and prosecuting unlawful killings under international

1 Office of the United Nations High Commissioner for Human Rights (OHCHR), “Report on the human rights situation in Ukraine: November 2015–February 2016”, 3 March 2016, para. 6. 2 A/HRC/32/39/Add.1, para. 95. 3 Ibid., para. 55. See also ICRC, “Ukraine: best practices in dead body recovery discussed in Lugansk”, 23 January 2016; available at https://www.icrc.org/en/document/ukraine-crisis-best-practices-deadbody-recovery-discussed-lugansk. 4 A/HRC/32/39/Add.1, paras. 87 and 88. In 2016, a joint investigation team, formed by Australia, Belgium, Malaysia, the Kingdom of the Netherlands and Ukraine, reported, on the basis of abundant

body-recovery-discussed-lugansk. 4 A/HRC/32/39/Add.1, paras. 87 and 88. In 2016, a joint investigation team, formed by Australia, Belgium, Malaysia, the Kingdom of the Netherlands and Ukraine, reported, on the basis of abundant forensic evidence, that the plane was shot down with a Buk 9M38 surface-to-air missile originating from the Fifty-Third Anti-Aircraft Missile Brigade of the Russian Federation, fired from rebelcontrolled territory. In 2020, the Government of the Kingdom of the Netherlands brought the case before the European Court of Human Rights. In November 2022, a court in the Kingdom of the Netherlands found two officials from the Russian Federation and a Ukrainian separatist guilty of murdering all 298 people on board, and sentenced them in absentia to life imprisonment. 5 European Court of Human Rights, Vyacheslavova and others v. Ukraine, Applications No. 39553/16, No. 52632/16, No. 53467/16, No. 59339/17, No. 59531/17, No. 76896/17 and No. 47092/18, Judgment, 13 March 2025.A/HRC/59/54/Add.1 4 GE.25-06159 human rights law and international humanitarian law and for supporting and assisting victims and their families. He learned about the work of and coordination among national investigative and prosecutorial agencies in establishing facts, collecting and cor roborating evidence and referring cases to the judicial system with a view to bringing perpetrators of serious crimes to justice and assisting victims, and about the relevant technical assistance provided to the Government by international agencies.

15. In preparation for, during and after the visit, the Special Rapporteur received information relevant to his mandate from various stakeholders, for which he is grateful. He was also informed by reports of the Office of the United Nations High Commission er for Human Rights (OHCHR), based on the work of its human rights monitoring mission in Ukraine, and the Independent International Commission of Inquiry on Ukraine.

IV. Background

information relevant to his mandate from various stakeholders, for which he is grateful. He was also informed by reports of the Office of the United Nations High Commission er for Human Rights (OHCHR), based on the work of its human rights monitoring mission in Ukraine, and the Independent International Commission of Inquiry on Ukraine.

IV. Background

16. In March 2014, the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol, Ukraine, temporarily occupied by the Russian Federation, was denounced by the international community. On 27 March 2014, in its resolution 68/262, th e General Assembly affirmed its commitment to the sovereignty, political independence, unity and territorial integrity of Ukraine within its internationally recognized borders.

17. On 24 February 2022, the Russian Federation launched a full -scale land, sea and air invasion of Ukraine, marking a significant escalation since 2014. This aggression by the Russian Federation constitutes a flagrant violation of international law, inclu ding the prohibition of the use of force under Article 2 (4) of the Charter of the United Nations.

18. The aggression by the Russian Federation has resulted in widespread destruction, mass displacement and a significant death toll. OHCHR documented that between 24 February and 6 April 2022 alone, 441 civilians had been unlawfully killed by the armed forces of the Russian Federation, which controlled large areas of Kyiv, Chernihiv and Sumy Oblasts at the time. Furthermore, mass graves were discovered in Izium, following its liberation in September 2022. By October 2022, the police had reportedly recovered 1,365 civilian bodies from areas retaken by Ukraine and discovered mass graves in Bucha and Irpin. Many of the bodies bore signs of perimortem trauma consistent with torture. 6

19. The reported number of civilian casualties resulting from the aggression by the Russian Federation against Ukraine had reached 43,610 individuals by March 2025, of whom 12,910 were killed, primarily in territory controlled by the Government of Ukraine and caused by attacks by the Russian Federation near the front line. 7 Casualties included men,

Russian Federation against Ukraine had reached 43,610 individuals by March 2025, of whom 12,910 were killed, primarily in territory controlled by the Government of Ukraine and caused by attacks by the Russian Federation near the front line. 7 Casualties included men, women and children, with a disproportionate impact on older people. The use of explosive weapons with wide -area effects in populated areas has not only resulted in a tragic loss of life, but also fuelled widespread fear and trauma among survivors and affected communities.

20. Tens of thousands of Ukrainian soldiers have died, primarily in combat and some in the captivity of the Russian Federation, and many remain missing. They leave behind devastated families in need of truth and reparation, including through the search for and recovery, reliable identification and return of the bodies or human remains of their deceased loved ones.

6 OHCHR, “Killings of civilians: summary executions and attacks on individual civilians in Kyiv, Chernihiv, and Sumy Regions in the context of the Russian Federation’s armed attack against Ukraine – 24 February–31 October 2022”, 7 December 2022, paras. 25 and 27. 7 OHCHR, “Ukraine: protection of civilians in armed conflict – March 2025 update”, 9 April 2025, p. 3.A/HRC/59/54/Add.1 GE.25-06159 5

V. Legal framework International legal framework

21. Ukraine is party to eight of the nine core human rights instruments, including the International Covenant on Civil and Political Rights, under which the right to life is enshrined in article 6 and States Parties are required to take measures to prevent arbitrary deprivation of life under their jurisdiction or control. The Russian Federation has also ratified the Covenant. Obligations stemming from article 6 continue to apply in situations of armed conflict, including the duties to investigate potentiall y unlawful deaths, in accordance with international standards such as the Minnesota Protocol on the Investigation of Potentially Unlawful Death, bring those responsible to justice and provide reparation to victims.

Covenant. Obligations stemming from article 6 continue to apply in situations of armed conflict, including the duties to investigate potentiall y unlawful deaths, in accordance with international standards such as the Minnesota Protocol on the Investigation of Potentially Unlawful Death, bring those responsible to justice and provide reparation to victims.

22. Ukraine is also a State Party to the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. At the regional level, Ukraine is party to the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), under which the right to life is provided for in article 2.

23. The situation in Ukraine is an international armed conflict, pursuant to common article 2 of the Geneva Conventions of 12 August 1949, owing to the armed hostilities existing between Ukraine and the Russian Federation, through their respective armed fo rces or other actors acting on their behalf. 8 Both Ukraine and the Russian Federation are party to the Geneva Conventions of 1949. Ukraine has ratified Protocols I, II and III Additional to the Geneva Conventions, while the Russian Federation has ratified Protocols I and II and signed

Protocol III.9

24. On 24 August 2024, the parliament of Ukraine adopted legislation to ratify the Rome Statute of the International Criminal Court. On 9 October 2024, the parliament adopted amendments to the Criminal Code and Criminal Procedure Code, 10 with a view to bringing national legislation into line with the Rome Statute and determining the punishment for crimes therein, such as genocide, crimes against humanity, war crimes and crimes of aggression.11 On 10 May 2021, the parliament had adopted draft law No. 2689 on amendments to certain legislative acts on the enforcement of international criminal and humanitarian law, with the objective of eliminating the statute of limitations with regard to crimes of aggression, genocide, crimes against humanity and war crimes, allowing for the reclassification of such crimes and granting universal jurisdiction in cases involving such

amendments to certain legislative acts on the enforcement of international criminal and humanitarian law, with the objective of eliminating the statute of limitations with regard to crimes of aggression, genocide, crimes against humanity and war crimes, allowing for the reclassification of such crimes and granting universal jurisdiction in cases involving such crimes.

25. Ukraine became a member of the International Criminal Court on 1 January 2025.

Despite this positive development, the Special Rapporteur is concerned about the declaration made by Ukraine that, for a period of seven years after the entry into force of the Rome Statute for Ukraine, it would not accept the jurisdiction of the Court regarding war crimes allegedly committed by its nationals. He is also concerned about the possible adoption of draft laws (No. 11538 and No. 11539) that are not fully aligned w ith the definition of

8 A/77/533, para. 17. 9 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I); Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II); and Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III). 10 Law No. 11484. 11 The Criminal Code was supplemented by new article 442-1, entitled “Crimes against humanity”, article 438 was renamed from “Violation of the laws and customs of war” to “War crimes” and new article 31-1 provides for the liability of military commanders.A/HRC/59/54/Add.1 6 GE.25-06159 international crimes under the Rome Statute and may undermine existing investigations into war crimes.12 The Russian Federation is not a party to the Rome Statute.

26. The Special Rapporteur indicates that while the Russian Federation bears primary responsibility for initiating the conflict, as the aggressor State, and for perpetrating the

international crimes under the Rome Statute and may undermine existing investigations into war crimes.12 The Russian Federation is not a party to the Rome Statute.

26. The Special Rapporteur indicates that while the Russian Federation bears primary responsibility for initiating the conflict, as the aggressor State, and for perpetrating the majority of verified civilian casualties, both parties to the conflict are bound b y the jus in bello principle of equal application,13 involving an obligation to protect civilians and prevent unlawful killings. He is worried that the protection of Ukrainian nationals from prosecution for international crimes runs afoul of principles of international law.

National legal framework

27. The right to life is guaranteed in the Constitution (art. 27) and in other national legislation. Acts of arbitrary deprivation of life can be prosecuted under the Criminal Code, especially if they are at the core of the offence. 14 The crime of aggression is criminalized

(art. 437), as are acts constituting violation of the rules of warfare, including when such acts cause the death of people (art. 438).

28. On 24 February 2022, in response to the invasion of Ukraine by the Russian Federation, the President of Ukraine declared martial law, which has since been extended by the parliament as the aggression by the Russian Federation has continued. While martial law restricts certain rights and freedoms, the right to life is non -derogable and cannot be limited or suspended under any circumstances.

29. In 2018, in response to the increased number of persons missing as a result of the armed conflict in eastern Ukraine, the parliament adopted the Law on the Legal Status of Missing Persons in order to implement the obligations of Ukraine under internati onal law, including international humanitarian law, towards the missing and the dead. The law provides for the creation of a unified register of missing persons and a commission to coordinate activities of governmental agencies involved in tracing and iden tifying missing persons and providing support for their families.15

30. The Special Rapporteur welcomes the national legal framework providing for reparation and compensation for victims of torture and arbitrary deprivation of liberty, 16 in

activities of governmental agencies involved in tracing and iden tifying missing persons and providing support for their families.15

30. The Special Rapporteur welcomes the national legal framework providing for reparation and compensation for victims of torture and arbitrary deprivation of liberty, 16 in addition to support to victims of sexual violence, 17 related to the aggression by the Russian Federation against Ukraine. He recognizes these measures as positive and encourages their expansion to families of victims of unlawful killings, who are equally suffering and should themselves be considered as victims owing to the extreme pain and suffering that they endure, often compounded by the complexity of recovering the bodies or remains of their loved ones.

Particular attention should be given to women, who are often affected by the unlawful killing of their partners or relatives.

12 See Centre for Civil Liberties, “The opinion of the Centre for Civil Liberties on the alignment of the Ukrainian criminal legislation with international criminal law”, 13 December 2024. 13 Protocol Additional I, art. 96 (3) (c). 14 Including under articles 115 (murder – that is, wilful unlawful killing – with aggravating factors), 116 (murder committed in a state of strong mental agitation and caused by unlawful violence, systematic harassment or grievous insult of the victim), 117 (infanticide), 118 (murder committed in excess of necessary defence or as a result of excessive use of force to arrest an offender), 119 (homicide by negligence) and 120 (driving a person to suicide, with aggravating factors). 15 United States of America, Department of State 2018 Country Reports on Human Rights Practices: Ukraine (Washington, D.C., 2018), p. 16. 16 See Cabinet of Ministers’ Resolution No. 296 of 15 March 2024 on the provision of mental health and psychosocial assistance to victims of the war, under the Ministry of Health. 17 Law No. 4067-IX of 20 November 2024 on the status of victims of sexual violence related to the

psychosocial assistance to victims of the war, under the Ministry of Health. 17 Law No. 4067-IX of 20 November 2024 on the status of victims of sexual violence related to the armed aggression by the Russian Federation against Ukraine and urgent interim reparations.A/HRC/59/54/Add.1 GE.25-06159 7

VI. Violations of the right to life in the context of the aggression by the Russian Federation against Ukraine

31. During his visit, the Special Rapporteur examined several incidents involving potentially unlawful killings of civilians, including those resulting from either targeted attacks against civilians and civilian objects, or indiscriminate attacks, in addition to cases of summary executions and deaths in custody of Ukrainian civilians, soldiers hors de combat and prisoners of war. In gathering and verifying information, he primarily relied on field visits, interviews with victims ’ families and witnesses, and forensic data and research obtained from other credible sources. In his interactions with families of victims and survivors, the Special Rapporteur observed their profound trauma and ongoing pain and suffering, and the challenges faced in pursuing justice and accountability.

1. Attacks on civilians and other protected groups

32. OHCHR recorded 43,610 civilian casualties in Ukraine between 24 February 2022 and 31 March 2025, of whom 12,910 – nearly 30 per cent – were killed and 30,700 injured.

Of these casualties, 36,599 (of whom 10,232 were killed) occurred in territory controlled by the Government of Ukraine and 7,011 (of whom 2,678 were killed) in territory occupied by the armed forces of the Russian Federation. The majority of casualties were caused by explosive weapons with wide -area effects, followed by firearms, including as a result of crossfire, and road accidents involving either military vehicles or civilian vehicles driven by the military in the area of hostilities, with a lower number of casualties caused by mines and explosive remnants of war. The actual number of civil ian casualties is believed to be considerably higher.18

crossfire, and road accidents involving either military vehicles or civilian vehicles driven by the military in the area of hostilities, with a lower number of casualties caused by mines and explosive remnants of war. The actual number of civil ian casualties is believed to be considerably higher.18

33. Furthermore, as of June 2023, OHCHR had received information regarding 287 civilian casualties in the territory of the Russian Federation, as of June 2023.19 Owing to the lack of access by independent international monitors, the Special Rapporteur is unable to corroborate this information.

34. In Dnipropetrovsk Oblast, the Special Rapporteur met with families of victims of attacks by the Russian Federation, using missiles and loitering munitions,20 on the railway in Dnipro and in residential areas in Kryvyi Rih and Synelnykove, which had taken place on 19 April 2024, killing at least 7 civilians and injuring 34 others. The attack in Synelnykove district killed a family of five, including two children, leaving the third, a 6 -year-old, as the only survivor. On that day, at 5 a.m., the family ’s house was hit by a missile, immediately killing two women, a 14 -year-old girl and a 8 -year-old boy as they were sleeping. The 6-year-old boy was in a critical condition and spent six days in hospital. At the time of the visit, his aunt was caring for him while finalizing official procedures to become his legal guardian. The strike was in a residential area. Furthermore, the Special Rapporteur inspected the vicinity of the railway station in downtown Dnipro, where the attacks by the Russian Federation on 19 April 2024 had hit a residential compound, killing two civilians.

35. The Special Rapporteur witnessed the impact of the missile attack by the Russian Federation on the busy Epicentr hypermarket, in the Kyivskyi district of Kharkiv, on 25 May 2024, while he was present in the area. The attack killed 19 persons, including two children,

35. The Special Rapporteur witnessed the impact of the missile attack by the Russian Federation on the busy Epicentr hypermarket, in the Kyivskyi district of Kharkiv, on 25 May 2024, while he was present in the area. The attack killed 19 persons, including two children, and injured 54 others. According to information obtained, UMPB D30 -SN guided bombs were launched by f orces of the Russian Federation, causing three large explosions at the hypermarket during a very busy time of the weekend.

18 OHCHR, “Ukraine: protection of civilians in armed conflict – March 2025 update”, pp. 3 and 4. 19 OHCHR, “Civilian casualties in Ukraine: 24 February 2022–30 June 2023”, 7 July 2023, p. 1. 20 According to the prosecution office in Dnipropetrovsk, and based on investigations, the weapons used by the Russian Federation consisted of KH-101 and KH-59 missiles, which usually have a high level of target precision.A/HRC/59/54/Add.1 8 GE.25-06159

36. Attacks against the civilian population in violation of the customary principles of distinction, proportionality and precaution are strictly prohibited under international humanitarian law and may constitute war crimes.21

37. The Special Rapporteur visited a school in the village of Yahidne, in Chernihiv Oblast, where he was informed that, in March 2022, 368 civilians, including 70 children (ranging from 6 we

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