1. 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

2. OSCE: Origin and mandates

3. 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

4. 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

5. 2014 deployment to Ukraine 5

6. 23 April 2017 tragic incident in Ukraine

7. 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

8. OSCE response

9. 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

10. 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…”

11. 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

12. 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

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

14. 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

15. Questions? 15

16. 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