Systematic Targeting of Energy Infrastructure as a War Crime

The Independent International Commission of Inquiry on Ukraine has released a comprehensive report detailing how systematic attacks on energy infrastructure constitute war crimes. According to the findings, Russian forces have intentionally targeted power plants and heating facilities across Ukraine. These actions occurred during periods of extreme vulnerability, such as last winter when temperatures plunged to -21°C.

The report emphasizes that Russian commanders ordered these strikes with full knowledge of the consequences. The targeted heating facilities were indispensable to the civilian population, particularly during the coldest months. Furthermore, the investigators highlighted that Russian authorities made official declarations concerning further attacks and openly referred to a plan to carry them out. Based on this evidence, the independent investigators concluded that these actions constitute the war crime of intentionally directing attacks against civilian objects.

The Human Cost of Winter Weaponization

The impact of these infrastructure attacks on the civilian population has been devastating, particularly for vulnerable groups such as older people. Without electricity, heating, or water, many civilians were left isolated in freezing conditions.

The report documents harrowing personal accounts of survival. A 53-year-old man cited in the report described the psychological toll of the freezing conditions, stating that the scariest thing was to fall asleep and not to wake up, comparing the fear of dying from cold to torture.

Older citizens faced unique and severe challenges. A 74-year-old woman from Kyiv shared her experience of lying cold and hungry, without medicine or essential support. For many senior citizens, physical limitations prevented them from seeking safety. Unable to use stairs and too afraid to use lifts during power outages, they were effectively trapped in unheated dwellings without access to life support devices or essential services during air raid alerts.

Methodology and Scope of the Investigation

The Independent International Commission of Inquiry on Ukraine was appointed by the UN Human Rights Council in March 2022, shortly after Russian troops entered Ukrainian territory. The three-person panel consists of investigators Erik Møse, Pablo de Greiff, and Vrinda Grover.

To compile its latest report, the panel gathered first-hand accounts from 255 persons who endured the harsh winter conditions. These individuals were located across multiple regions, including:

  • Dnipro oblast
  • Kyiv oblast
  • Kharkiv oblast
  • Kherson oblast
  • Mykolaiv oblast
  • Odesa oblast
  • Poltava oblast
  • Zaporizhzhia oblast
  • Zhytomyr oblast

In addition to civilian testimonies, the investigators consulted Ukrainian authorities, medical doctors, and non-governmental organizations.

The Commission also sought to examine attacks by Ukrainian armed forces on energy infrastructure in Russia and in occupied areas of Ukraine. However, the investigators were unable to assess the impact of these strikes within Russia, as Russian authorities did not allow access or respond to requests for information.

Transnational Human Trafficking for Military Recruitment

Beyond infrastructure attacks, the report uncovers a complex network of transnational human trafficking used to bolster military forces. The Commission found compelling evidence that Russian authorities recruited men trafficked from 29 countries into their armed forces, a direct violation of international human rights law.

These foreign recruits were deployed directly to the front lines in Ukraine and assigned highly dangerous tasks. The report notes that many of these men have been killed or have gone missing. Others surrendered or were captured by Ukrainian armed forces, subsequently acquiring the status of prisoners of war.

Deception, Coercion, and Forced Contracts

The recruitment process relied heavily on deception and coercion, executed in coordination with agents operating across various countries. Upon arrival, the recruits were forced to sign contracts written entirely in Russian with the Ministry of Defence.

The report highlights the testimony of a 35-year-old woman whose husband was recruited from the Caribbean. She recounted how authorities took his passport and pressured him to sign a contract he could not read, leaving him with no choice.

International Legal Implications and Calls for Action

In light of these findings, the Commission has called for all trafficked persons to be immediately discharged from the Russian armed forces. The independent body, which operates under a mandate from the UN Human Rights Council to investigate violations of human rights and international humanitarian law, continues its work as an unpaid, independent entity.