Invoking of the Moscow Mechanism to address the humanitarian and human rights and humanitarian impacts of Russia’s invasion of Ukraine

The following statement was delivered at the 1360th meeting of the OSCE Permanent Council on March 3 2022.

Mr. Chairperson,

I am delivering this statement on behalf of Albania, Andorra, Bosnia and
Herzegovina, Georgia, Iceland, Liechtenstein, Moldova, Monaco,
Montenegro, North Macedonia, Norway, San Marino, Serbia, Switzerland,
Turkey, the United Kingdom, the United States, the European Union
Member States, and Canada.

Today, our delegations will send the following letter to ODIHR Director
Matteo Mecacci, invoking the Moscow Mechanism, with the support of
Ukraine, in light of our grave concerns regarding the humanitarian
impacts of Russia’s invasion and potential for war crimes and crimes
against humanity.

“Director Mecacci,
On February 24, 2022, the Russian Federation, with the support of
Belarus, launched an invasion to wage war against Ukraine. This further
invasion took place against the backdrop of ongoing Russian aggression
against Ukraine that has, since 2014, violated Ukraine’s sovereignty,
independence, and territorial integrity within its internationally
recognized borders and territorial waters.
The delegations of Albania, Andorra, Austria, Belgium, Bosnia and
Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary,
Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Moldova, Monaco, Montenegro, Netherlands, North Macedonia,
Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia,
Slovenia, Spain, Sweden, Switzerland, Turkey, the United Kingdom, and
the United States of America, following bilateral consultations with
Ukraine under the Vienna (Human Dimension) Mechanism, are invoking
the Moscow (Human Dimension) Mechanism under Paragraph 8 of that
document. We request that the Office of Democratic Institutions and
Human Rights (ODIHR) inquire of Ukraine whether it would invite a
mission of experts to address the human rights and humanitarian
impacts of the Russian Federation’s invasion and acts of war, supported
by Belarus, on the people of Ukraine, within Ukraine’s internationally
recognized borders and territorial waters.
The mission of experts, if Ukraine agrees, could be tasked, inter alia, to
undertake the following:
Establish the facts and circumstances surrounding possible
contraventions of OSCE commitments, and violations and abuses of
international human rights law and international humanitarian law;
Establish the facts and circumstances of possible cases of war crimes
and crimes against humanity, including due to deliberate and
indiscriminate attacks against civilians and civilian infrastructure;
and to collect, consolidate, and analyze this information with a view
to presenting it to relevant accountability mechanisms, as well as
national, regional, or international courts or tribunals that have, or
may in future have, jurisdiction.

We also request that, should Ukraine agree to a mission of experts,
ODIHR provide any relevant information or documentation derived from
that mission to other appropriate accountability mechanisms, as well as
national, regional, or international courts or tribunals that have, or may
in future have, jurisdiction.”

Thank you Mr. Chairperson, and I ask that this statement be attached to
the journal of the day.