Russia continues to use high-precision missiles containing Western-made components to attack Ukrainian civilians and infrastructure. Fifteen civilians have been killed in such attacks and at least 45 more injured in the last two days alone. Civilian objects, including blocks of flats, as well as food and water storage facilities, were also destroyed or damaged. On their face, these attacks constitute grave breaches of international humanitarian law (IHL)[1] and amount to war crimes.[2]
On the night of 13 June 2023, Russian forces attacked Kryvyi Rih with Kh-101/Kh-555 missiles.[3] The missiles targeted a five-storey block of flats, a freshwater storage facility, a transport facility, and other civilian objects, killing a total of 12 civilians and injuring a further 38.[4] The Office of the President of Ukraine confirmed that at least one of the missiles used in the attack was a high-precision guided Kh-101 missile, manufactured in 2023 and reliant on Western components.[5]
The following night, Russia attacked Odesa with high-precision guided Kalibr missiles.[6] The missiles targeted the storage facility of a local supermarket,[7] killing three employees and injuring another seven.[8] According to the Ukrainian Armed Forces, as a result of air combat and blast waves, six more civilians were injured as the result of damage to a business centre, an educational institution, a residential complex, eating establishments, and shops in downtown Odesa.[9]
As demonstrated in the report “Enabling War Crimes? Western-Made Components in Russia’s War Against Ukraine”, produced by IPHR and Ukraine’s Independent Anti-Corruption Commission (NAKO), both Kalibr and Kh-101 missiles contain Western-made components.
Western businesses and governments must review their existing sanctions and export control measures and enhance due diligence, ‘know your customer’ measures, and end-user surveillance. Firms producing the components in question should recognise and acknowledge that their products are being used to commit atrocities and take immediate action to avoid further human suffering caused by Russia’s continued policy of launching missile strikes against civilian objects and populations.
[1] Additional Protocol I, Article 85(3)(a).
[2] ICC Statute, Article 8(2)(b)(i)/(ii).
[3] https://t.me/kpszsu/2561; https://t.me/ermaka2022/2942
[4] https://www.theguardian.com/world/2023/jun/13/ukraine-three-killed-and-dozens-injured-in-russian-strike-on-kryvyi-rih; https://kyivindependent.com/ukraine-war-latest-june-13/ж https://t.me/pgo_gov_ua/13292?single; https://t.me/dnipropetrovskaODA/5313;
[5] https://t.me/ermaka2022/2942
[7] https://tinyurl.com/2tc62ec9
[8] https://www.dw.com/en/ukraine-updates-odesa-hit-by-deadly-russian-missile-attack/a-65908016; https://tinyurl.com/2asn3hee;