Bethany Junior College Model United Nations

United Nations Human Rights Council

(UNHRC)

Background Guide

Agenda:

The Humanitarian Crisis in Ukraine

Message from the Executive Board
Greetings delegates,
It’s a pleasure to serve as your Executive Board for BJCMUN 2022. We hope you
understand the important role you play as a delegate in this committee. Our objective
is solely to ensure that you consider this an amazing learning experience that hones
your leadership skills.
The UNHRC has been simulated a number of times in the Bangalore circuit, but the
agenda of this committee is fairly relevant to the trying times we live in. The Russian-
Ukrainian conflict has turned many heads and raised many concerns. We would like
you to focus on the most important facet - the affected people. With millions
displaced and a plethora of humanitarian concerns, there is much to discuss.
The Executive Board upholds a strict no-plagiarism policy and I would like you to
keep that in mind as well. Also, note that the objective of this document is to help and
guide you with your research and should not be the only research you possess. Keep
in mind that it cannot be provided as proof to enforce an argument in committee. We
do hope you find this guide extremely helpful.
Last but not the least, a committee is only as good as its delegates and we believe that
each and every one of you has the potential to excel and lead, first-timer or not. We
encourage each and every one of you to speak and participate as it would give us great
joy knowing that each delegate walked away from our committee with more
knowledge than he or she walked in with and having done so, did not waste two days
at this conference.
A word of advice - do look into the technicalities of the agenda and be well-versed
with your facts. Being prepared is the key to being confident. We look forward to two
days of extensive and productive debate.
Good Luck!

Chairperson Vice-Chairperson
Andrea Hsiao Algin Thomas
About the Committee
As an inter-governmental body under the United Nations, the main objective of the UN Human
Rights Council is to protect and promote human rights around the globe. A crucial part of this
objective is addressing human rights violations.
It discusses matters of relevance throughout the year and provides recommendations on them.
The Council was created by the United Nations General Assembly through Resolution 60/251
which was adopted on 15 March 2006. The Council itself consists of 47 member states who are
elected by the United Nations General Assembly.
Apart from discussing thematic issues, the UNHRC has three crucial functions:
i) Universal Periodic Reviews that assess the situation of human rights in all member countries;
ii) Receiving inputs from the Advisory Committee that serves as a think tank by providing
expert opinions on thematic human rights issues;
iii) Examining notices submitted via the Complaint Procedure that allows countries and
individuals to bring instances of human rights violations to the attention of the Council.
The UNHRC also works alongside the UN Special Procedures that comprise special
rapporteurs, representatives and experts who function independently to provide thematic and
country-specific reports on human rights and their violations.
The UN General Assembly reviews the work and functioning of the UNHRC every five years,
since its inception. In this manner, the international community ensures that instances of human
rights violations are brought to the forefront efficaciously.

Introduction to the Agenda

In 2021, Russia began excessively militarising the border with Ukraine. The international
community grew wary. While a few countries urged their citizens in Ukraine to return back to
their states, many stood by watching.
In February 2022, Russian President Vladmir Putin announced a special military operation, the
objective of which was to demilitarise and denazify Ukraine.
As missiles and airstrikes hit across Ukraine, including the capital Kyiv, Ukrainian President
Volodymyr Zelenskyy enacted martial law and mobilised all male citizens aged 18-60, who were
banned from leaving the country.

Russia’s invasion received widespread international condemnation. Apart from many countries
imposing economic sanctions on Russia, the UN General Assembly condemned the invasion and
called for a complete withdrawal of Russian forces and the International Court of Justice
demanded that Russia seize military operations.
The verdict has been relatively one-sided - a significant majority of states have supported
Ukraine, sending them military and humanitarian aid while condemning Russia’s actions.
However, this did nothing to deter or check Russian actions.

With war and invasions, humanitarian disasters ensue, and this was no different. This Russian
invasion displaced over 7 million people, with 5 million of them becoming refugees overnight.
The economic sanctions on Russia are having an international impact with food and oil prices
rising drastically worldwide.
The obvious solution would be the resolve the root crisis. However, this could take years and
millions could be dead by then. The objective here is not only to ensure the provision of
sufficient aid but also to discuss the resolution of the refugee crisis. The effects of this war
extend far beyond its borders, and that is what makes the situation far more complex.

Russia and Ukraine’s Strained History

Russia and Ukraine were two of the founding members of the USSR, and both were signatories
to the treaty that terminated the Union. Since this termination, relations between the two nations
have been marked with hostility, fragile and unstable peace, and wariness.
The cause for such hostility is evident when one examines how the ban on the Ukrainian
language was lifted only after the end of the Russian Empire. It was only then that Ukraine began
building culturally from the ground up.
Most tensions arise from resource division. After the dissolution of the USSR, many treaties that
oversaw the same needed to come into effect. However, they were barely effective and Russian-
Ukrainian gas and oil disputes ensued. Frequent territorial disputes further strain bilateral
relations.

The Big Treaty of 1997

In 1997 a treaty was made between Russia and Ukraine called the “Treaty on Friendship,
Cooperation, and Partnership between Ukraine and the Russian Federation” to maintain
diplomatic relations. Its primary motive was to respect each other’s territorial integrity in relation
to article 2 (4) of the UN Charter. The strategic relationship between the two states maintained
the territorial integrity of both states as the treaty ensured neither of the parties would invade
each other’s territory. The ‘Big Treaty’ was to be renewed every 10th anniversary. Considering
the tensions between the two parties because of Russia’s said ‘invasion’ of Crimea, the treaty
expired on the 31st of March 2019.

Crimean Crisis
Three Ukrainian ships were attacked and boarded by Russian ships on November 25, 2018, at the
Crimean port of Azov, which is close to the Black Sea. A freighter was positioned to block the
port. It claimed that Ukraine had trespassed Russian seas. In order to ensure unrestricted travel
across the strait, the two parties struck an agreement in 2003. They have been bothering one
other's ships in recent months.
Critics claimed that Russia's attack violated international law during the UN Security Council
meeting. The North Atlantic Treaty Organization boosted the number of its troops stationed
there.

The complexity in the case of Russia’s invasion in 2022 arises from the involvement of the
Donetsk People’s Republic and the Luhansk People’s Republic on a more active scale, similar to
the 2014 invasion.

Humanitarian Concerns
As numerous OHCHR and UNHRC reports confirm, the Russian invasion led to the grave
deterioration of the human rights situation in Ukraine. The conduct of hostilities by the Russian
armed forces has been characterized by the broad use of explosive weapons with wide-area
effects in populated areas, including shelling from heavy artillery and multiple launch rocket
systems, missile, and air strikes. Such attacks pay no heed to whether the affected is a member of
the armed forces or civilian.

International Humanitarian Law

This stands in direct violation of International Humanitarian Law which seeks to limit the effects
of armed conflict to combatants only. Despite being in a situation of militant necessity or not
(regardless of whether the aggressor party was legally justified in using force under jus ad
bellum principles), IHL applies to all parties.
There have also been allegations that Ukrainian armed forces have engaged in shelling of
populated areas in territory controlled by Russian-affiliated armed groups in the Donetsk and
Luhansk regions. The United Nations Human Rights Monitoring Mission in Ukraine (HRMMU)
was able to verify that, by 26 March 2022, the hostilities had resulted in at least 2,909 civilian
casualties, including 1,119 killed, and hundreds of residential houses, hospitals, schools,
kindergartens, and other civilian objects damaged or destroyed. One must keep in mind that the
actual casualty numbers are much higher.
Parties to an armed conflict are required to distinguish, at all times, between civilians and
combatants and between civilian objects and military objects. Additionally, an attack should not
be launched if it is anticipated to cause incidental loss of civilian life, injury to civilians, or
damage to civilian objects that would be excessive in relation to the direct military advantage
anticipated.
Additional IHL principles include the duty to take precautions to spare the civilian population
before and during an attack, the prohibition against the infliction of unnecessary suffering or
superfluous injury, and the prohibition of indiscriminate attacks.
Multiple reports from UN sources and independent sources have stated that there are gross
violations of both the principles of distinction and prohibition of indiscriminate attacks by both
parties involved. Both the Russian Federation and Ukraine are bound by treaty and customary
IHL, in particular the Four Geneva Conventions and Additional Protocol I to follow these
principles, and both have paid little to no attention to the same.

Cluster Munitions
Even though the Russian Federation and Ukraine have not ratified the 2008 Convention on
Cluster Munitions, their use of cluster munitions in populated areas is incompatible with IHL
principles that govern armed conflict due to their widespread impact. These are principles that
are binding on the parties to the conflict.
Furthermore, there are a large number of sub-munitions that do not explode immediately,
exposing civilians to risks for years afterwards. In this situation, their use in populated areas is
not the only concern since they pose a risk to people after the conflict as well, posing long-term
and indiscriminate harm or risk of harm.

HRMMU has received credible allegations that Russian armed forces used cluster munitions in
populated areas at least 16 times, resulting in civilian casualties as well as damage to civilian
objects. For example, on 24 February, a cluster munition exploded at the Central City Hospital in
Government-controlled Vuhledar (Donetsk region), killing at least four civilians and injuring 10,
and damaging ambulances and the hospital. On 25 February, six bomblets landed on and around
a kindergarten in Government-controlled Okhtyrka (Sumy region). On the same day, non-
precision guided missiles bearing cluster munitions were used in several districts of Government-
controlled Kharkiv, killing at least 9 civilians and injuring 37.
Conversely, the Donetsk People’s Republic and Russia claim that Ukrainian armed forces
launched a Tochka-U missile equipped with cluster sub-munitions which was intercepted over
the centre of Donetsk. They claim that several cluster sub-munitions from the intercepted missile
killed 20 civilians on the ground and injured 33 to 37.

Conflict-Related Detentions
Both the Russian Federation and Ukraine are parties to several core Human Rights treaties.
Article 9 of the Universal Declaration of Human Rights safeguards a person from arbitrary arrest
and detention. UN reports have confirmed and documented numerous cases of such detention
and arrest by participating nations.
The detained range from journalists and civilians to mayors and heads of local communities.
Apart from the arbitrary detention, the fact that the victims’ relatives or family members received
no information regarding their apprehension, whereabouts or fate, is deeply concerning.
Since the beginning of the armed attack, Ukraine’s State Security Service (SBU), National Police
and the Office of the Prosecutor General reported the arrests of more than 300 individuals
suspected of crimes against the national security of Ukraine and for aiding Russian armed forces.
Torture and Ill-Treatment of Civilians
There are a large number of reports and video footage of torture and ill-treatment of people
believed to be marauders, bootleggers, pro-Russian supporters, and curfew violators in territory
controlled by the Government of Ukraine.
The perpetrators of such offences range from civilians and territorial security to state police. In
most cases, perpetrators allegedly duct-taped individuals to electricity poles or trees, partially or
fully stripped them, beat them, including with sticks and rods, and sprayed them with paint or
marked their bodies and clothes with the word “marauder”. In addition to the physical and
mental harm caused, persons stripped of clothing and bound outdoors are at serious risk of
hypothermia given the winter season.

Conflict-Related Sexual Violence

The destruction of homes and infrastructure has created havoc and chaos. Without infrastructure
and order, many are left helpless with no security.
Article 3 of the Universal Declaration of Human Rights guarantees the security of person and
liberty. This applies in all contexts where a nation exercises jurisdiction, both in its territory and
not. Outside its own territory, a State is considered to do so when the area that is under its
effective control as well as individuals that come within its power.
The frequent arbitrary detention, the destruction of homes and infrastructure leading to a lack of
privacy, challenges in accessing basic goods and services, and mass internal displacement, all
create an environment conducive to sexual violence.
Additionally, a large number of women and children are fleeing the country and travelling
thousands of miles for safety. The displacement of such a large population of individuals
susceptible to human trafficking and sexual exploitation is concerning.

Freedom of Media and Journalist Safety

Free speech and expression are human rights enshrined universally. However, their condition in
regions affected by this conflict is alarming. Individuals in Ukraine who publicly express views
against the Russian Federation’s military attack have been the subject of arbitrary arrests and
detention and of enforced disappearance.
In some cases, journalists were affected by shelling and sub-munitions. However, most
documented cases seem to target journalists and media representatives. Seven killings of
journalists and media workers (five men and two women) have occurred during hostilities since
24 February. Another 13 journalists and media workers (12 men and one woman) were caught in
hostilities, of whom seven were injured (all men). In at least four cases, the attacks appeared to
target journalists, as they were clearly identified as media workers by designated protective
clothes or cars with TV or PRESS signs and not in the vicinity of any possible military targets.

This is concerning since many UN agencies confirm that statistics and reports from the conflict
region vary. With many allegations, little proof and lesser transparency, gauging the extent of
impact in the region become challenging.

The Refugee Crisis

It is internationally accepted that the Russian invasion has led to what is the fastest-growing
refugee crisis since World War II. seven killings of journalists and media workers (five men and
two women) during hostilities since 24 February. In the first week of the invasion, the UN
reported over a million refugees had fled Ukraine; this subsequently rose to over 7.5 million by
15 June. By May, the number of displaced touched 8 million.
The UN estimated that approximately 4 million would be displaced as a result of the crisis,
however, that number was quickly crossed. A large portion of those seeking refuge are women
and children, and many were welcomed into Europe. However, funding and management have
become an issue. Moreover, with the number crossing the estimate, nations welcoming refugees
have become overwhelmed.
For the first time, the EU has invoked its Temporary Protection Directive to provide refuge for
the millions of displaced people who are leaving Ukraine. In the short term, the wave of refugees
poses challenges of funding, coordination and management, and in the long-term challenges for
integration, in a context of uncertainty about the duration of the war and the volume of refugees
it is likely to create.
Moreover, Ukraine has accused Russia of forcibly moving civilians to "filtration centres" in
Russian-held territory

All claims of nationals and former habitual residents of Ukraine seeking international protection
need to be processed in fair procedures in accordance with international and regional refugee
law. The Invasion of Ukraine is giving rise to an increase in people fleeing Ukraine, whether as
refugees under the 1951 Convention or regional refugee instruments or as beneficiaries of other
forms of international protection. Even in the case of individuals associated with acts that bring
them within the scope of the exclusion contained in Article 1F of the 1951 Convention, it will be
necessary to examine carefully any issues of individual responsibility for crimes that may give
rise to exclusion from international refugee protection.

Prisoners of War
To date, there are no definite statistics and reports on the actual number of prisoners of war on
each side since they are varied. The Third Geneva Convention deals with the treatment of
Prisoners of War (PoWs) and emphasises the prohibition of torture, humiliation, brutality, and
ill-treatment.
The first issue is the lack of information. On either side, violations remain allegations because of
the lack of proof or reports. Russia claimed to have captured 572 Ukrainian soldiers by 2 March
2022, while Ukraine claimed 562 Russian soldiers were being held as prisoners as of 20 March.
The OHCHR and UNHRC raise concerns about circulated videos of executions, torture, and
humiliation. On 27 March, a video purportedly showing Ukrainian soldiers shooting Russian
prisoners in the knees was uploaded on Telegram. Alternatively, Videos showing Ukrainian war
prisoners being forced to sing pro-Russian songs or carrying bruises attracted concerns about
their treatment. No international or independent bodies have been able to confirm the truth
behind these allegations.
On 28 February, the Government of Ukraine established the Joint Centre for Tracing and Release
of Prisoners, which is tasked with recording information about prisoners of war (POWs) captured
by the Government of Ukraine and tracking information about Ukrainian soldiers and civilians
captured, in accordance with Article 122 of the Third Geneva Conventions.
Article 13 of the Third Geneva Convention requires POWs to be treated humanely and to be
protected, especially against acts of violence or intimidation and against insults, at all times.
However, the videos collected by most bodies from public and open sources have raised
significant concerns about gross violations of the same.

International Action
During such conflict, monitoring and connectivity are crucial to safeguard human rights. In the
wake of the Russian invasion, the international community was quick to respond. Most of these
efforts were a direct result of Ukraine’s proactive efforts to remain engaged with the
international community.
Under the UNHRC, Ukraine and its allies set up an independent inquiry commission to
strengthen the monitoring of the human rights situation during the conflict. Doing so would help
in the documenting and collection of evidence on human rights violations and individual
perpetrators.
The OSCE (Organisation of Security and Cooperation in Europe) used its Moscow Mechanism
to commission a group of experts with a similar mandate as the HRC (with respect to the OSCE).
In addition to a full-fledged investigation being opened by the ICJ along with ICC state parties,
the EU and Ukraine have launched domestic investigations into international crimes.
A proposal for an ad hoc international tribunal is also being reviewed for the purposes of
persecuting the crime of aggression in this conflict.

Prominently, the President of the HRC appointed an independent international commission of

inquiry for a period of one year. Their mandate is to investigate all allegations of human rights
violations and abuses, especially violations of International Humanitarian Law. Documenting
with specificity also falls under their mandate with respect to the perpetrator and
recommendations on accountability.
This commission works alongside the OHCHR and is known as the UN Human Rights
Monitoring Mission in Ukraine (HRMMU).
More importantly, Russia was suspended by the UNHRC after 93 members voted in favour of
the same.
Relevant Documents and Conventions
● The Geneva Conventions (I, II, III, and IV) and their Additional Protocols
● The Universal Declaration of Human Rights
● The Hague Convention (1907)
● The 1951 Convention relating to the Status of Refugees

(Please do not limit yourselves to these documents and read further)

Questions a Resolution Must Answer

1. Despite international efforts, reports and statistics vary due to the lack of media access.
What measures can be adopted to remedy the same?
2. The refugee crisis’ short-term obstacle is funding and maintenance; how can the
international community combat the same?
3. The refugee crisis’ long-term obstacle is integration (on a large scale), what are the
problems that could arise and how would we address them?
4. The conditions of thousands of prisoners of war remain unknown and unverified evidence
points to gross violations of their rights. What measures should the international
community take to safeguard their rights?
5. Women and children are most susceptible to sexual violence and exploitation during
mass displacement; what measures can be taken to ensure their safety?
6. What obstacles will be faced while establishing accountability for crimes and how can we
address them?
7. The impact of the sanctions on Russia is being felt worldwide. What are these effects and
how can they be resolved?
8. It is impossible to estimate how long the conflict will continue. What humanitarian
developments (for the worse) can be expected and how can we combat them?