Co-operation between the IHFFC and the OSCE Austrian Red Cross Seminar Vienna, 28 November 2017 Co-operation between the IHFFC and the OSCE Lisa Tabassi Head, Legal Services lisa.tabassi@osce.org

OSCE: Origin and mandates

1975 Helsinki Final Act 10 fundamental principles: the “Decalogue” – politically binding Sovereign equality Refraining from threat or use of force Inviolability of frontiers Territorial integrity of States Peaceful settlement of disputes Non-intervention in internal affairs Respect for human rights Self-determination of peoples Cooperation among States Good faith fulfilment of obligations under international law

The three dimensions of security Politico-military dimension: arms control; combating cybercrime, combating terrorism; conflict prevention and resolution; military reform; police reform, capacity building Economic and environmental dimension: anti-money laundering; anti-corruption; economic and environmental activities; energy; entrepreneurship; good governance Human dimension: elections; human rights; rule of law; tolerance; media freedom and freedom of expression Cross-dimensional: national minorities and minority rights; gender equality; combatting human trafficking

2014 deployment to Ukraine 5

23 April 2017 tragic incident in Ukraine

Landmine explosion Routine SMM patrol, 2 armored vehicles, non government controlled area of Luhansk in eastern Ukraine, returning on the same road they had driven on 2 hours earlier and had used in previous days 1 vehicle was exploded and burned. SMM paramedic killed and 2 SMM members injured First service-incurred death in an OSCE field operation

OSCE response

OSCE response 24 April: Task force established by Secretary General Internal investigation by the OSCE Office for Internal Oversight re compliance and adequacy of procedures Special meeting of the OSCE Permanent Council: Declaration of support calling for swift impartial investigation OSCE Chairmanship tasked the Secretary General to form and deploy an independent team of experts to conduct a forensic post-blast investigation of the incident

Good offices of the IHFFC API Article 90 provides:  (1) An International Fact-Finding Commission, consisting of fifteen members of high moral standing and acknowledged impartiality shall be established. … The members of the Commission shall serve in their personal capacity … (i) the Commission shall be competent to: (i) enquire into any facts alleged to be a grave breach … or other serious violation of the Conventions or of this Protocol; (ii) facilitate, through its good offices, the restoration of an attitude of respect for the conventions and this Protocol…”

Independent Forensic Investigation (IFI) Memorandum of Understanding on 18 May Distinct Arrangement establishing the Terms of Reference of an independent forensic post-blast scene investigation Contract and Financial Protocol (budget) Non-Disclosure and Service Undertaking signed by each team member OSCE ownership of all evidence and archives

Scope of the IFI Post-blast scene forensic investigation and technical assessment Recognizing the civilian status of the OSCE in terms of IHL, the investigation will take place against the background of that body of law Criminal responsibility and accountability for the explosion is outside the scope of the IFI

Independent Forensic Investigation (IFI) Reviewed documents Interviewed witnesses Examined the damaged vehicle Visited the blast site; collected material Conducted forensic medical analysis of injuries

IFI Report Presented at Permanent Council session 9 Sept. Anti-tank mine fitted with a pressure fuse Mine was laid recently, days prior since road has civilian traffic heavy enough to trigger the mine Unlikely that the SMM was a target, since SMM rarely used that road Indiscriminate and thus unlawful usage of an anti-vehicle mine under IHL

Questions? 15

Photo credits   Map - AFP Photo/Thorsten EBERDING, Jonathan JACOBSEN) Vehicle - EBL News Vehicle on hillside - RFE/RL Vehicle on hillside - Medium OSCE Secretary General - RFE/RL OSCE Chairperson-in-Office - USA Today Principal Deputy Chief Monitor - The Daily Signal IHFFC logo - IHFFC Ambassador Apakan - OSCE Ambassador Labbe - IHFFC Additional Protocol 1 - Intercross - International Committee of the Red Cross