Ukraine: Unguided Rockets Killing Civilians
Stop Use of Grads in Populated Areas
Unguided Grad rockets launched apparently by Ukrainian government forces and pro-government militias have killed at least 16 civilians and wounded many more in insurgent-controlled areas of Donetsk and its suburbs in at least four attacks between July 12 and 21, 2014, Human Rights Watch said.
An unguided Grad rocket hit the house of Valentina Fedorovna, 77, in the Kuibyshivskyi district in Donetsk on July 19, 2014. The rocket struck the second floor, penetrated the floor and went through her kitchen and bathroom.
The use of indiscriminate rockets in populated areas violates international humanitarian law, or the laws of war, and may amount to war crimes.
Grads are unguided rockets that cannot be targeted accurately, and are often fired in salvos from multi-barrel rocket launchers to saturate a wide area. Human Rights Watch called on all parties to the conflict in eastern Ukraine, particularly Ukrainian government forces, to stop using Grad rockets in or near populated areas because of the likelihood of killing and wounding civilians. Insurgent forces should minimize the risk to civilians under their control by avoiding deploying forces and weapons in densely populated areas.
“Grad rockets are notoriously imprecise weapons that shouldn’t be used in populated areas,” said Ole Solvang, senior emergencies researcher at Human Rights Watch. “If insurgent and Ukrainian government forces are serious about limiting harm to civilians, they should both immediately stop using these weapons in populated areas.”
Anti-Kiev insurgent forces started asserting control over Donetsk, a city in eastern Ukraine with a population of almost one million, in April. Because of security concerns, Human Rights Watch was unable to determine first-hand the impact of the Grad attacks on insurgent forces and installations.
Both Ukrainian government and insurgent forces have recently used Grad rockets. Although Ukrainian government officials and the press service of the National Guard have denied using Grad rockets in Donetsk, a Human Rights Watch investigation on the ground strongly indicates that Ukrainian government forces were responsible for the attacks that occurred between July 12 and 21.
The four attacks took place close to the front line between insurgent and government forces. Impact craters on the ground and on buildings investigated by Human Rights Watch were characteristic of rocket attacks, not shelling. In all four cases, the angle and shape of the craters, and the fact that they were on the side of buildings facing the front line, strongly suggests that the rockets came from the direction of Ukrainian government forces or pro-Kiev armed groups. The attacks’ proximity to the front line also makes it unlikely, and in some cases impossible, that insurgent forces were responsible for the attacks. In two of the attacks, rockets hit on or near insurgent bases and checkpoints at the same time as they hit residential areas, indicating government forces were responsible.
In the July 21 attack, three civilians died when Grad rockets hit a residential area near the Donetsk train station. Ongoing fighting made it difficult for Human Rights Watch to determine whether there were additional casualties, but what could be identified as Grad rockets by their distinctive sound could be heard throughout the day.
On July 19, at least five rockets struck a residential area in the Kuibyshivskyi district in western Donetsk, injuring at least four civilians.
Human Rights Watch documented multiple rocket impacts on July 12 on a residential area in the Petrovskyi district on the western outskirts of Donetsk that killed at least seven civilians.
Also on July 12, multiple rockets struck a residential area in Maryinka, a village just outside of Donetsk, close to the Petrovskyi district, killing at least six civilians.
Human Rights Watch was able to identify the rockets fired as unguided 122-millimeter surface-to-surface Grad artillery rockets launched from multi-barrel rocket launchers with up to 40 launch tubes. Most Grad rockets have a range of 1.5 to 20 kilometers. The rockets vary in length from 1.9 to 3.3 meters and weigh 45 to 75 kilograms.
Grad rockets use various types of warheads. The most common is a high explosive/fragmentation type, which contains approximately 6.4 kilograms of high explosives and is designed to produce 3,150 fragments, which can kill or injure within a radius of 28 meters. At its maximum range of some 20 kilometers, the most common rocket (9M22U) with the basic high explosive/fragmentation (M-21-OF) warhead is only accurate within a rectangle of 336 meters by 160 meters. In other words, from its aim point, the rocket could land anywhere within a rectangle of approximately 54,000 square meters.
The fighting in eastern Ukraine is governed by the laws of war, which apply to all parties to the conflict. Grad rockets cannot be targeted with sufficient precision to differentiate military targets, which may be attacked, from civilians and civilian structures, such as homes and schools not being used for military purposes, which are immune from attack. As such, their use in populated areas violates the laws-of-war prohibition against indiscriminate attacks. In addition, attacks not directed at valid military targets are also unlawfully indiscriminate.
Human Rights Watch said that insurgent forces have failed to take all feasible precautions to avoid deploying in densely populated areas, thereby endangering civilians in violation of the laws of war. In one case, separatist forces moved their base closer to the center of the town when Grad rockets struck their base and a nearby residential area. Violations of the laws of war by one side to the conflict do not justify violations by the other side.
Individuals who commit serious violations of the laws of war with criminal intent, that is intentionally or recklessly, are responsible for war crimes.
“Ukrainian authorities should order all their forces, including volunteer forces, to immediately stop using Grads in or near populated areas, and insurgent forces should avoid deploying in densely populated areas,” Solvang said. “Commanding officers on all sides should recognize that one day they could face legal consequences for their actions.”
Human Rights Watch called on Ukraine’s international supporters to urge the Ukrainian government to strictly adhere to international humanitarian law, including by ending all use of Grad rockets in populated areas.
Source: Human Rights Watch
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