Moscow Mechanism

Last updated

The Vienna Mechanism and the Moscow Mechanism are a linked pair of agreements on confidence and security-building measures on human rights established in 1989, 1990 and 1991 by the members states of the Conference on Security and Co-operation in Europe (CSCE), [1] [2] [3] which later became the Organization for Security and Co-operation in Europe (OSCE). The Vienna Mechanism establishes procedures for raising and responding to participating states' requests on human rights issues, while the Moscow Mechanism adds procedures for independent "missions of experts" and "missions of rapporteurs" to visit and report on human rights issues. [4] [2] [5]

Contents

Creation and terminology

The Moscow Mechanism started as the "Vienna Mechanism" in the "Concluding Document of the Vienna Follow-up Meeting" in 1989, [2] and was developed further in the 1990 Copenhagen Declaration and a meeting in Moscow in 1991, leading to the name "Moscow Mechanism". [1] The two together can be called the "Human Dimension Mechanism". In principle, the Vienna Mechanism only defines procedures for participating states to pose questions about human rights to other participating states, while the Moscow Mechanism additionally defines procedures for the creation of missions of independent experts to respond to concerns either within a state or by visiting another state. [3] The Moscow Mechanism was amended in 1993 in Rome. [1]

Procedures

Vienna Mechanism

The Vienna Mechanism defines four procedures related to participating states' questions about human rights: [4] [2]

Moscow Mechanism

The Moscow Mechanism allows OSCE participating states to request the establishment of an ad hoc mission of independent experts to investigate a particular question or problem related to the human dimension of the OSCE in their own territory or in the territory of another OSCE State. The Office for Democratic Institutions and Human Rights (ODIHR) was created for administrative support. [6] Three procedural steps are added: creation of a "resource list" of independent experts; invitations to a "mission of experts" (maximum three people); and requests for a "mission of rapporteurs" (maximum three people). [4]

Resource list

For the creation of the resource list, each participating state can nominate up to six experts, each with a term of three to six years [4] and for no more than two consecutive terms. [5] The other participating states may present reservations against the appointments, up to a maximum of two experts per state. The reservations prevent the experts from taking part in missions concerning the state that made the reservation, unless that state expressly consents. [5] The resource list is considered vaild once at least 45 experts have been appointed. [4]

Mission of experts

A participating state can suggest that another state invite a mission of up to three experts to examine and attempt to resolve human rights issues on its territory. The inviting state itself selects the three experts, excluding its own nationals and appointees in the resource list, and no more than one citizen or resident of any state may be included in the mission. The mission is expected to collect information, carry out mediation and encourage dialogue and cooperation, and to provide a report within three weeks. [4] [5] The inviting state is obliged to fully cooperate with the mission, including by guaranteeing freedom of movement for the experts and freedom to meet with representatives of civil society. After receiving the report, the inviting state must send the report and a description of any action it has taken in response to the other participating states. [5]

Mission of rapporteurs

If, within ten days, the would-be inviting state, termed a "requested state", refuses to create a requested mission, or if the requesting state considers the issue to remain unresolved after the visit of the mission of experts, then the requesting state can request a mission of rapporteurs. The requesting state needs the support of at least six other states. Consent of the requested state is not required. A mission of three experts, none of whom may be citizens, residents or appointees of any of the states concerned, is appointed to visit the requested state and provide a report within two weeks of the appointment of the full mission. [4] [5]

Activations of the Vienna Mechanism

On 22 March 2024, 41 participating states invoked the Vienna Mechanism in relation to political prisoners in Russia. The list of concerns included "Continued Arbitrary or Unjust Arrests and Detentions", "Targeting of Political Opposition", and "Torture and Mistreatment". Seven questions requesting specific information from Russian authorities in relation to the concerns were defined in the invocation. [7]

The Vienna Mechanism was activated on 20 December 2024 by Albania, Austria, Belgium, and thirty-four other OSCE member states in relation to the reports of human rights violations, including ill-treatment and injuries of detained protestors, interference and violence against journalists, and the impunity of police officers suspected of the violations during the 2024 Georgian post-election protests. The states described their five main concerns as: freedom of peaceful assembly; arbitrary arrest and detention; targeting of political opposition in police raids and arrests; and "mistreatment that may constitute" torture. The states posed eight specific questions regarding investigations and protections of human rights, to be answered within ten days, per the Vienna Mechanism. [8]

Activations of the Moscow Mechanism

As of July 2024, the Moscow Mechanism had been activated fifteen times, including within the context of armed conflicts that affected civil society. [3]

1990s

The mechanism was used five times in the 1990s, including in 1992 in the context of attacks on civilians in the Croatian War of Independence and the Bosnian War, and in April 1999 in response to the NATO bombing of Yugoslavia. [3]

2000s

The mechanism was used once in the 2000s, in relation to an investigation following from the attempted attack on president Niyazov on 25 November 2002. [3]

2010s

The mechanism was used in April 2011 in relation to the situation in Belarus following the 2010 presidential election and in November 2018 in relation to the human rights situation in Chechnya. [3]

2020s

As of July 2024, the mechanism had been invoked seven times in the 2020s. Veronika Bilkova and Elīna Šteinerte, two of the Moscow Mechanism experts, saw the early 2020s invocations in relation to the Russian invasion of Ukraine and the human rights situations in Russia and Belarus as "reveal[ing] the true potential of the Moscow Mechanism, giving it a new lease of life." [9]

In September 2020 the mechanism was invoked in response to human rights issues related to the suppression of the 2020 Belarusian protests. [3]

In March 2022, 45 participating states promoted, with the support of Ukraine, the activation of the Moscow Mechanism for the establishment of an independent expert mission on violations and abuses committed in the war of the Russian Federation, supported by Belarus, against Ukraine. [10] [11] The report of the Mission of Experts composed by Wolfgang Benedek, Veronika Bílková and Marco Sassòli was presented to the OSCE Permanent Council on 13 April 2022. The report documented clear patterns of violations of international humanitarian law by the Russian Armed Forces in Ukraine. [12]

On 2 June 2022, the same 45 participating states invoked the Moscow Mechanism to establish a new mission of experts composed of Veronika Bilkova (University of Prague), Laura Guercio (University of Perugia) and Vasilka Sancin (University of Ljubljana) to consider, follow up and build upon the findings of the Moscow Mechanism report published in April 2022. [13] [14] The mission's report, presented on 14 July 2022 to the OSCE Permanent Council, confirmed the outcomes of the previous mission and identified blatant violations of international humanitarian law, mainly attributable to the Russian armed forces, as well as widespread violations of human rights, especially in the territories occupied by the Russian Federation. [15]

On 28 July 2022, 38 OSCE participating states activated the Moscow Mechanism for the establishment of an expert mission to investigate human rights violations in Russia. The mission's goals included assessing the state of implementation of OSCE human rights commitments, in particular the effects of government policies on civil society, media freedom, the rule of law and the capacity of democratic processes and institutions, and on "achieving the OSCE's comprehensive security goal". [16]

The mechanism was invoked twice in 2023, in relation to Belarus and Russia. [3]

In February 2024, the Moscow Mechanism was invoked by 45 participating states, with the aim of "address[ing] arbitrary deprivation of liberty of Ukrainian civilians by the Russian Federation". Ukraine accepted the request and nominated three experts. [17] The experts, Veronika Bílková, Cecilie Hellestveit  [ no ] and Elīna Šteinerte, carried out their mission. Their 86-page report, together with associated letters, was published in April 2024 by the OSCE. [18]

The experts estimated that the number of arbitrarily detained Ukrainian civilians was "in the thousands", and that the "vast majority" of Ukrainian civilians detained by Russian authorities were not detained for reasons or under conditions allowed by either international humanitarian law (IHL) or international human rights law (IHRL), thus qualifying as arbitrary. [18] The report also referred to elements of international criminal law (ICL) and "commitments" of the OSCE, together defining four areas of law. The legally invalid reasons for most of the detentions were "[the civilians'] general support for Ukraine and rejection of the Russian occupation, to force them into cooperation with the occupying powers, or [to] spread fear in the population". Some of the detentions may have been legally valid. The mission also found that many of the illegally detained civilians were subjected to torture, sexual violence, lack of food and water, lack of medical assistance, and lack of mattresses and beds. The systematic nature of the arbitrary detention likely qualifies as a crime against humanity under Article 7(1)(e) of the Rome Statute. [9]

See also

Related Research Articles

<span class="mw-page-title-main">Organization for Security and Co-operation in Europe</span> Security-oriented intergovernmental organization

The Organization for Security and Co-operation in Europe (OSCE) is a regional security-oriented intergovernmental organization comprising member states in Europe, North America, and Asia. Its mandate includes issues such as arms control, the promotion of human rights, freedom of the press, and free and fair elections. It employs around 3,460 people, mostly in its field operations but also in its secretariat in Vienna, Austria, and its institutions. It has observer status at the United Nations.

<span class="mw-page-title-main">Commission on Security and Cooperation in Europe</span> Independent U.S. government agency

The Commission on Security and Cooperation in Europe (CSCE), also known as the U.S. Helsinki Commission, is an independent U.S. government agency created by Congress in 1975 to monitor and encourage compliance with the Helsinki Final Act and other Organization for Security and Co-operation in Europe (OSCE) commitments. It was initiated by House representative Millicent Fenwick and established in 1975 pursuant to Public Law No. 94-304 and is based at the Ford House Office Building.

<span class="mw-page-title-main">United Nations Human Rights Council</span> United Nations body tasked with the promotion of human rights

The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. The headquarters of the Council are at the United Nations Office at Geneva in Switzerland.

The Parliamentary Assembly of the OSCE is an institution of the Organization for Security and Co-operation in Europe. The primary task of the 323-member Assembly is to facilitate inter-parliamentary dialogue, an important aspect of the overall effort to meet the challenges of democracy throughout the OSCE area. The Parliamentary Assembly pursues objectives which are stated in the preamble of the Assembly's Rules of Procedure: assess the implementation of OSCE objectives by participating States; discuss subjects addressed during meetings of the Ministerial Council and summit meetings of OSCE Heads of State or Government; develop and promote mechanisms for the prevention and resolution of conflicts; support the strengthening and consolidation of democratic institutions in OSCE participating States; contribute to the development of OSCE institutional structures and of relations and co-operation between existing OSCE institutions.

The Working Group on Arbitrary Detention(WGAD) is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, without respect for due process. These actions may be in violation of international human rights law.

Human rights in Ukraine concern the fundamental rights of every person in Ukraine. Between 2017 and 2022, Freedom House has given Ukraine ratings from 60 to 62 on its 100-point scale, and a "partly free" overall rating. Ratings on electoral processes have generally been good, but there are problems with corruption and due process. Its rating later declined in 2023 due to the Russian invasion of Ukraine, which led to the enactment of martial law in Ukraine, as well as a labor code that removed many legal protection for employees and small and medium-sized companies, as well as a law that increased the government's power to regulate media companies and journalism. Since the beginning of the invasion Russia has engaged in various war crimes against Ukrainian civilians and the invasion has had a major humanitarian impact on Ukraine and its citizens.

The Vienna Document is a series of agreements on confidence and security-building measures in relation to military resources between the states of Europe, starting in 1990, with subsequent updates in 1992, 1994, 1999 and 2011. The Vienna Document 2011 was adopted by 57 Organization for Security and Co-operation in Europe (OSCE) participating states, including the states of Central Asia and Russia. It described its zone of application (ZOA) as "the whole of Europe, as well as the adjoining sea area and air space".

<span class="mw-page-title-main">Humanitarian situation during the war in Donbas</span>

During the ongoing Russo-Ukrainian War between the Ukrainian government forces and pro-Russian separatists in the Donbas region of Ukraine that began in April 2014, many international organisations and states noted a deteriorating humanitarian situation in the conflict zone.

<span class="mw-page-title-main">Michael Georg Link</span> German politician

Michael Georg Link is a German politician of the Free Democratic Party (FDP) who has served a member of the Bundestag from 2005 to 2013 and again since 2017.

<span class="mw-page-title-main">Russian war crimes</span> Violations of the laws of war committed by the Russian Federation

Russian war crimes are violations of international criminal law including war crimes, crimes against humanity and the crime of genocide which the official armed and paramilitary forces of Russia have committed or been accused of committing since the dissolution of the Soviet Union in 1991, as well as the aiding and abetting of crimes by proto-statelets or puppet statelets which are armed and financed by Russia, including the Luhansk People's Republic and the Donetsk People's Republic. These have included murder, torture, terror, persecution, deportation and forced transfer, enforced disappearance, child abductions, rape, looting, unlawful confinement, inhumane acts, unlawful airstrikes and attacks against civilian objects, use of banned chemical weapons, and wanton destruction.

Catherine M. Croft is a United States Department of State official who has served as a special advisor for Ukraine both in the State Department and on the United States National Security Council. Croft testified in closed-door hearings before the House Intelligence, Oversight and Foreign Affairs committees in October 2019.

<span class="mw-page-title-main">OSCE Special Monitoring Mission to Ukraine</span> Civilian observer mission

The OSCE Special Monitoring Mission to Ukraine was an international civilian observer mission of the Organization for Security and Cooperation in Europe (OSCE) mandated to contribute to reducing tensions and to help foster peace in Ukraine. The mission was deployed in March 2014, following the Russian annexation of Crimea and the outbreak of open conflict in eastern Ukraine. The mission ended on 31 March 2022, following the Russian invasion of Ukraine.

<span class="mw-page-title-main">War crimes in the Russian invasion of Ukraine</span>

Since the beginning of the Russian invasion of Ukraine in 2022, the Russian military and authorities have committed war crimes, such as deliberate attacks against civilian targets, including on hospitals, medical facilities and on the energy grid; indiscriminate attacks on densely-populated areas; the abduction, torture and murder of civilians; forced deportations; sexual violence; destruction of cultural heritage; and the killing and torture of Ukrainian prisoners of war.

The Russian invasion of Ukraine violated international law. The invasion has also been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia – although procedural obstacles exist to prosecutions under these laws.

<span class="mw-page-title-main">Mariupol hospital airstrike</span> Russian war crime during the Russian invasion of Ukraine

On 9 March 2022, the Russian Air Force bombed Maternity Hospital No. 3, a hospital complex functioning both as a children's hospital and maternity ward in Mariupol, Ukraine, during the Russian invasion of Ukraine, killing at least four people and injuring at least sixteen, and leading to at least one stillbirth.

The Independent International Commission of Inquiry in Ukraine is a United Nations commission of inquiry established by the United Nations Human Rights Council on 4 March 2022 with a mandate to investigate violations of human rights and of international humanitarian law in the 2022 Russian invasion of Ukraine. The Commission delivered its reports on 18 October 2022 and 16 March 2023.

Sexual violence in the Russian invasion of Ukraine has been committed by Armed Forces of Russia, including the use of mass rape as a weapon of war. According to the Independent International Commission of Inquiry on Ukraine, the victims of sexual assault by Russian soldiers ranged from 4 years old to over 80 years old.

<span class="mw-page-title-main">Armenia–OSCE relations</span> Relationship between Armenia and the OSCE

Armenia–OSCE relations began when Armenia joined the OSCE's predecessor, the Conference on Security and Cooperation in Europe (CSCE), on 30 January 1992. The CSCE transformed into the Organization for Security and Co-operation in Europe (OSCE) shortly afterwards in 1995.

Tatiana Kotlyarenko is an international expert in human rights, human trafficking and addressing gender-based violence. Her career has been marked by extensive work in policy development, advocacy, and international cooperation to combat human trafficking and promote human rights, including her service as the Adviser on Anti-Trafficking Issues at the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co-operation in Europe (OSCE).

<span class="mw-page-title-main">Charter for European Security</span> 1999 International agreement in Europe

The Charter for European Security is an international agreement for the preservation and safeguarding of peaceful order in Europe. It was adopted on 19 November 1999 in Istanbul as the final document of the OSCE Summit Conference by 55 European, Asian and American states. Together with the Helsinki Final Act (1975), the Charter of Paris (1990) and the subsequent Astana Summit Declaration (2010), the Charter for European Security forms the basis for a system of political commitments and a comprehensive concept of security. The concept of security encompasses politico-military aspects, economic and environmental aspects and humanitarian aspects. Following the adoption of the Charter for European Security at the OSCE Summit in Istanbul in November, the ‘Platform for Co-operative Security’ was created to strengthen co-operation between the OSCE and other international organisations/institutions in order to make better use of the resources of the international community.

References

  1. 1 2 3 Alice Ackermann (2010), OSCE Mechanisms and Procedures Related to Early Warning, Conflict Prevention, and Crisis Management (PDF), Institute for Peace Research and Security Policy at the University of Hamburg, Wikidata   Q127425631, archived (PDF) from the original on 14 July 2024
  2. 1 2 3 4 5 Vienna mechanism (PDF), Organization for Security and Co-operation in Europe, 1990, Wikidata   Q127421403, archived (PDF) from the original on 16 January 2024
  3. 1 2 3 4 5 6 7 8 Human dimension mechanisms, Organization for Security and Co-operation in Europe, July 2024, Wikidata   Q127425974, archived from the original on 14 July 2024
  4. 1 2 3 4 5 6 7 8 OSCE mechanisms and procedures (PDF), Organization for Security and Co-operation in Europe, 2004, Wikidata   Q127421453, archived (PDF) from the original on 30 June 2023
  5. 1 2 3 4 5 6 Moscow mechanism (PDF), Organization for Security and Co-operation in Europe, 1992, Wikidata   Q127421434, archived (PDF) from the original on 11 February 2024
  6. ↑ "List of Experts for the Human Dimension Mechanism Appointed by OSCE Participating States - As of 6 October 2021" (PDF). Retrieved 8 June 2022.
  7. ↑ Anna Olsson Vrang (22 March 2024), Invocation of the Vienna Mechanism to address the issue of political prisoners in the Russian Federation, Sweden Abroad, Wikidata   Q127421469, archived from the original on 13 July 2024
  8. ↑ Albania; Austria; Belgium; et al. (20 December 2024), Invocation of the Vienna (Human Dimension) Mechanism on the Situation in Georgia, Wikidata   Q131549435, archived from the original on 24 December 2024
  9. 1 2 Veronika Bílková; Elīna Šteinerte (23 May 2024). "The Moscow Mechanism Expert Report: On the Arbitrary Deprivation of Liberty of Ukrainian Civilians by the Russian Federation". EJIL: Talk! . Wikidata   Q127506242. Archived from the original on 15 July 2024.
  10. ↑ "Attivazione del Meccanismo di Mosca dell'OSCE sui diritti umani in relazione all'attacco russo in Ucraina". delegazioneosce.esteri.it (in Italian). Retrieved 27 December 2022.
  11. ↑ "Statement by Ambassador Jocelyn Kinnear on the invocation of the Moscow mechanism to address the human rights and humanitarian impacts of Russia's invasion and acts of war against Ukraine". 3 March 2022. Retrieved 8 June 2022.
  12. ↑ "Report on violations of international humanitarian and human rights law, war crimes and crimes against humanity committed in Ukraine since 24 February 2022" (PDF). osce.org. 12 April 2022. Retrieved 8 June 2022.
  13. ↑ "Nuova attivazione del Meccanismo di Mosca dell'OSCE sulla guerra di aggressione russa in Ucraina". delegazioneosce.esteri.it (in Italian). Retrieved 27 December 2022.
  14. ↑ "Statement by France on the invocation of the Moscow Mechanism to address the human rights and humanitarian impacts of Russia's invasion and acts of war against Ukraine". delegfrance.org. 2 June 2022. Retrieved 8 June 2022.
  15. ↑ "Report on violations of international humanitarian and human rights law, war crimes and crimes against humanity committed in Ukraine (1 April - 25 June 2022)" (PDF). osce.org. 14 July 2022. Retrieved 15 July 2022.
  16. ↑ "Joint Statement on invoking the Moscow Mechanism: Human Rights Violations and Abuses in the Russian Federation". 28 July 2022. Archived from the original on 2024-07-13. Retrieved 28 July 2022.
  17. ↑ Ukraine appoints three experts following invocation of the OSCE's Moscow Mechanism, Organization for Security and Co-operation in Europe, 15 March 2024, Wikidata   Q127506476, archived from the original on 15 July 2024
  18. 1 2 Veronika Bílková; Cecilie Hellestveit; Elīna Šteinerte (19 April 2024), Report on violations and abuses of international humanitarian and human rights law, war crimes and crimes against humanity, related to the arbitrary deprivation of liberty of Ukrainian civilians by the Russian Federation (PDF), Wikidata   Q127507090, archived (PDF) from the original on 15 July 2024
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.