Basing Forces in Populated Areas Creates Unnecessary Risk
(Kyiv, July 21, 2022) – Russian and Ukrainian forces have put civilians in Ukraine at unnecessary risk by basing their forces in populated areas without removing residents to safer areas
International humanitarian law – the laws of war – obligates parties to the conflict to take all feasible precautions to protect civilians and civilian structures under their control from the effect of attacks
withdrawal of the civilian population to safe places
guarding of civilian property and the mobilization of civil defence organizations.”
“As the war in Ukraine rages on, civilians have been caught in the fighting unnecessarily,” said Belkis Wille
senior crisis and conflict researcher at Human Rights Watch
“Russian and Ukrainian forces both need to avoid basing their troops among civilians
and to do all they can to remove civilians from the vicinity.”
Human Rights Watch interviewed 54 civilians in the towns and villages of Mykhailo-Kotsiubynske and Yahidne in the northern Chernihiv region; Malaya Rohan
and Yakovlivka in the eastern Kharkiv region; and from Polohy in the southern Zaporizhzhia region
Researchers visited all of these locations except for Polohy due to ongoing fighting but interviewed residents who had fled the village
Russian forces unlawfully held nearly 350 civilians for a month in the basement of a schoolhouse near the front lines that the Russians used as a military base
Ukrainian attacks in those areas damaged homes and other structures
where they parked dozens of military vehicles
The soldiers unlawfully prevented civilians from leaving the area
an exchange of artillery fire resulted in damage to a nearby farm and the death of 140 livestock
Ukraine Territorial Defense Forces established a base at a disease control center in a residential neighborhood without taking steps to remove civilians from the area
When Russian forces attacked the center on April 28
and dozens of nearby homes and the local school were damaged
About 300 Ukrainian soldiers began using the cultural center in Selekstiine village as a barracks in early March without relocating civilians from the area
destroying it completely and damaging many surrounding buildings
Ukrainian armed forces started using the local school and council buildings as a military base and barracks while civilians remained in the area
and destroying and damaging dozens of homes
Human Rights Watch wrote to the Russian and the Ukrainian Defense Ministries on May 6
asking for information on the steps their armed forces were taking to minimize civilian casualties
remove civilians from the vicinity of fighting
and avoid deploying forces in densely populated areas
The laws of war applicable during the international armed conflict in Ukraine can be found in the Geneva Conventions of 1949
the First Additional Protocol to the Geneva Conventions (Protocol I)
Article 58 of Protocol I on “precautions against the effects of attacks” requires parties to the conflict
“to the maximum extent feasible,” to take the necessary precautions to protect civilians and civilian objects under their control from the dangers resulting from military operations; avoid locating military targets within or near densely populated areas; and seek to remove civilians and civilian objects under their control from the vicinity of military targets
Removing civilians must be consistent with laws-of-war prohibitions against forced transfers except for legitimate security reasons
The Russian Federation’s 2001 Regulations on the Application of International Humanitarian Law state: “To the greatest possible extent … precautions shall be taken to protect the civilian population
individual civilians and civilian objects against the effects of combat operations.” Russia’s permanent representative to the United Nations Security Council stated in 2008 that “The protection of civilians must be the highest priority for Governments involved in conflicts
We emphasize that all parties to armed conflict bear responsibility for ensuring the security of civilians.”
Ukraine’s 2004 International Humanitarian Law manual states:
While attacking forces are not prevented from carrying out attacks on military targets if defending forces do not take all feasible precautions
they remain bound to take appropriate measures to minimize civilian harm
including not carrying out indiscriminate attacks or attacks that would be likely to cause disproportionate loss of civilian life or property
“Russian and Ukrainian forces need to do all they can to help civilians in their midst get to safer locations or otherwise minimize their risk of being harmed,” Wille said
“It’s not enough to do nothing and hope civilians won’t be harmed.”
For details on seven situations investigated by Human Rights Watch
Russian forces took control of Malaya Rohan village
Human Rights Watch researchers visited the village on May 24 and interviewed eight residents
said that Russian forces set up a checkpoint near his home soon after they arrived
and that tanks regularly drove up and down his street
He and his neighbors said Russian forces never took any steps to evacuate the civilian population as the Russians set up their military presence in the village
and they did not let civilians through their checkpoints
preventing them from leaving the village or going to other neighborhoods
Residents of the town of Mykhailo-Kotsiubynske
said that Russian forces entered on February 28 and established a heavy military presence throughout the town
using its administration building as their headquarters
said she could hear Russian forces firing ordnance from the town
Vorokh said that about 130 civilians sought shelter in the basement of the local school
Russian forces deployed armored vehicles next to the school
The forces neither urged civilians to leave nor facilitated evacuations
The residents stayed in the basement until the school was hit on March 4
The strike damaged the building and killed one woman who worked at the school
Russian forces took control of Polohy village
One man said that throughout March and the first half of April
groups of Russian soldiers approached some houses in the village
and lived in their homes for two to three days before moving into another house
Russian soldiers used his neighbor’s house as their quarters for three days in March
A female resident said that Russian forces set up a military headquarters in the Karona restaurant
Russian forces deployed four armored vehicles and set up Grad rocket launchers next to his home
Ukrainian munitions hit his house twice during that time
He and his family fled the area in mid-April
Russian forces did not tell civilians to leave the area or facilitate their evacuation
They remained until Ukrainian forces briefly retook the village on March 1 before being pushed out again on March 3
Russian forces told residents that they needed to shelter in the local school “for their own safety,” a dozen villagers said
Some villagers refused and were allowed to remain in their homes because they were sick or caring for someone who was sick
But over 350 people sheltered in the school basement in cramped
unsanitary conditions until Russian forces left the area on March 31
Russian soldiers severely limited people’s ability to leave the basement
arbitrarily depriving them of their liberty
The villagers said 10 older people died there
apparently due to sickness or from the poor conditions
The laws of war prohibit detaining civilians except for imperative security reasons
Those deprived of their liberty must be provided with adequate food
Russian forces used the school as a military base and apparently attempted to hide military vehicles around the schoolhouse in dugouts and pits
which were still there when Human Rights Watch visited
A woman who was in the basement with her 8-year-old son said that she saw many soldiers at the school and numerous armored vehicles
The presence of Russian forces at the school
whether or not they fired munitions in the vicinity
made the school a legitimate military target
putting the civilians in the basement at grave risk
A March 10 satellite image shows several dozen armored and support military vehicles in the schoolyard and large vehicle tracks throughout the village
with a higher concentration at the schoolhouse
Apparent impact craters are also visible in the village
the closest 60 meters northeast of the school
wheeled and tracked armored military vehicles that had been left behind
and at least 21 shipping boxes of unguided 152mm artillery projectiles and one shipping box for a 9M113 Konkurs anti-tank guided missile
the military vehicles at the school and adjacent areas are no longer visible but the destruction in the village had increased significantly
including of buildings between 50 and 100 meters from the school
The March 21 image shows damage on the roof and the northeastern facade of the school
consistent with damage researchers observed when they visited the school
More damage to buildings and additional craters
is visible in a satellite image from March 23
and another couple living in their two-unit building refused to go to the school basement because of their poor health
Russian forces deployed an armored vehicle next to their home
Ukrainian territorial defense forces used as a military base a public health center for disease control in a residential neighborhood in the Kharkiv suburb of Pokotylivka
Ten local residents interviewed on May 24 said that since the Ukrainian forces had occupied the center in late March
they had not encouraged nor helped civilians evacuate to safer areas
Russia carried out its only attack in the area since February
in which a munition hit the public health center
The attack killed at least two territorial defense fighters
The description of the attack by a witness
was not identified by her full name for her safety
and the considerable damage in the vicinity that researchers observed
indicates that the attack was carried out by a cruise missile
Oksana said she was standing on the balcony of her second-floor apartment in a five-story building near the center of Pokotylivka
who was standing by the window in her kitchen in the same five-story apartment building
She said she was thrown against the wall by the blast wave and glass from the windows badly cut her arms
She lost considerable blood and needed stitches
said that the attack also injured five other civilians
A local repairman said that he and his colleague had repaired about 30 homes in the neighborhood that were damaged in the attack
with 3 needing entirely new roofs and at least 20 needing some work to the roofs and replacement of windows
Researchers observed two five-story apartment buildings and at least two dozen smaller homes and other buildings with window and roof damage
which is directly across the street and 40 meters from the public health center
The school’s deputy head said she was at the school with at least seven colleagues at the time
though no students had been there since the Russian invasion began in February
The attack blew out about a third of the school’s windows
all of which had been replaced during a renovation a year earlier and damaged some doors and the roof
who lived in one of the damaged apartment buildings
said that the territorial defense forces’ deployment put villagers at risk:
the Ukrainian military took over the cultural center in Selekstiine
The large two-story building had a theater stage and was used by the community for various after-school activities
The soldiers used the building as a barracks and set up four main checkpoints nearby
Several local residents said that when the soldiers arrived
they did not tell anyone to evacuate the area or help them to leave
Two people living nearby said that the attack awakened them and that they rushed out to their balconies and watched the center go up in flames
A State Emergency Service representative in Kharkiv said the team concluded
A woman who helped support the soldiers in the center said that at least 300 soldiers were sleeping in the building that night
along with three civilians who cooked and cleaned for them
she rushed from her home to the center and provided first aid to wounded soldiers
She said she saw the military carry out the bodies of 25 soldiers
though local residents later reported that at least 27 soldiers were killed
Witnesses said a fire burned at the cultural center for days afterward
State Emergency Service workers who came after the attack told the woman that the fire continued for so long because there had been ammunition stores in the center that continued to explode
A 63-year-old woman living on the ground floor of an apartment building across the park from the cultural center said she woke up so frightened from the attack that for safety she huddled next to the wall of an inner room for 12 hours before she dared to look out the window to see what happened
Researchers visited the rubble of the cultural center
A cluster of warehouses behind the center had significant damage
The windows of two nearby apartment buildings had been blown out
along with five windows at the local school
Residents reported that at least 36 homes had roof or window damage
Ukrainian forces started using the local schoolhouse in the village of Yakovlivka as a military base and deployed soldiers in village council buildings
Local residents identified the forces as a mix of Territorial Defense Forces and the Border Guard
One resident recalled that when the troops first arrived
Human Rights Watch researchers spoke to 11 residents who said that when the Ukrainian forces occupied the area
they did not tell civilians to leave or help them evacuate
an attack with multiple munitions hit the village
killing 4 civilians and wounding at least 10 others
according to a local community leader and based on the Human Rights Watch investigation
Residents provided unconfirmed information that at least one soldier had been killed and others were wounded
a local resident working for the State Emergency Service
said he was about five kilometers from the village when he saw the lights of a single plane flying toward the village
Another resident said he had heard and seen the spotlights of two aircraft
Pelevin said he immediately tried calling his wife
who was at home with his two children and his parents
Their home is about 100 meters from the schoolhouse
“She told me that she hadn’t been able to swipe to accept the call because her phone was covered in blood,” he said
He rushed home and with the help of neighbors dug his children Viktoria
Natalia had lacerations and metal fragments lodged in her arm and cuts on her face
His father had been struck in the leg by a brick
was seriously injured in the attack and later died in the hospital
a care worker who lived opposite the Pelevin family
said she was on a 24-hour shift at a medical facility near Yakovlivka at the time of the attack
She returned home the next morning after receiving a call from a friend that something terrible had happened
“The bomb had exploded right in front of our house,” she said
everything was rubble on the ground.” She found the body of her son
lying in the yard with a metal fragment lodged in his body
she rushed into a communal basement with about 50 other people
She left the basement the next day at 6 a.m
when she received a message from her nephew that the house of her sister
She said she learned from her niece and her niece’s fiancé that Oksana and Victor had been walking from their summer kitchen
toward the house when a munition struck the yard
had been in the summer kitchen at the time of the strike
Ovcherenko told Alyona that the blast threw Sophia against the kitchen wall
She hit a wooden post and the kitchen collapsed on her
and he fell down into the basement below the kitchen
He was able to crawl out and dug Sophia out as well
Alyona said that Sophia has no memories of the attack or what happened afterward
She also continues to have pain in her chest and discomfort when she sits
The community leader said the attack destroyed at least 15 homes and damaged another 125
They identified at least four distinct craters
Pelevin and other residents said they identified five smaller craters and one larger crater in the village after the attack
Pelevin provided two photos he had taken from the crater next to his home
One photo showed a large fragment of the body of an air-dropped bomb that included the marking “TGAF-5M,” which is the designator of the explosive charge used in the munition
TGAF-5M explosives are most often used in FAB-series 500-kilogram general purpose aviation bombs
Attacks on Schools and Military Use of Schools in Ukraine
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