For legal interpretation of the actions of Russians in Ukraine as genocide, the UN commission currently lacks sufficient evidence. However, experts are examining statements in Russian media that may be "incitement to genocide" reports Deutsche Welle.
The Independent International Commission of the UN for the Investigation of Violations in Ukraine has not yet received enough evidence to qualify the actions of Russian military in the neighboring country as genocide. This was stated by the commission's chairman, Erik Møse, during a press conference in Kyiv on Monday, September 4.
"We are well aware of the concern and accusations regarding this crime. That is why we are investigating this issue step by step. At the moment, we do not have sufficient evidence to meet the legal qualification provided for by the Genocide Convention," he said.
Møse reminded that to recognize genocide, it is necessary to prove the intent of the criminals to "destroy a particular group" of people. The destruction "must be physical or biological."
"These are strict conditions (for recognizing genocide), confirmed by judicial practice," explained the UN expert.
At the same time, Møse emphasized that the commission continues its investigation and, in particular, is studying "certain statements in Russian media that may be relevant to the issue of incitement to genocide."
UN Commission Recognizes Russian Military Crimes in Ukraine
In March, the same UN commission presented a report in which it recognized and qualified the military crimes of the Russian Armed Forces in Ukraine by types. Among the identified crimes are attacks on civilians and Ukraine's energy infrastructure, intentional killings, unlawful imprisonment, torture, sexual violence, deportation, and illegal removal of children to Russia.
The Russian army attacked populated areas, using explosive weapons, and "obviously disregarded the damage and suffering of the civilian population," these attacks were "indiscriminate and disproportionate," according to the report. The commission recommended continuing the investigation of all violations and crimes committed in Ukraine and bringing those responsible to justice. A list of alleged war criminals will be handed over to the UN High Commissioner for Human Rights, Erik Møse stated at the time.