Exposing war crimes. "There were twenty of us"

Ukrainian human rights activists have recorded testimonies from soldiers who were held captive by the Russian Wagner Group. The soldiers reveal instances of war crimes and solicit for investigations to be carried out.

The Russian Wagner Group is alleged to have committed serious crimes, including the torture and execution of Ukrainian prisoners of war, attacks on civilian targets, and occupation of strategic infrastructure in Ukraine. These allegations, documented by the Ukrainian Media Initiative for Human Rights, can be found in the report "Wagner Group - Beyond Accountability". This report comprises multiple testimonies from Ukrainian soldiers who were previously held captive by the Russian mercenaries.

Tatiana Katrychenko from the Media Initiative for Human Rights told DW that this marked the first instance of Ukrainian soldiers being released from Wagner Group captivity. This change was facilitated by a shift in the mercenary group's tactics, as they had previously been known to execute prisoners on the spot during combat in Ukraine and other countries.

The Initiative claims that until a few months ago, mercenaries in Ukraine since 2014 remained under the command of Yevgeny Prigozhin. Following the large-scale Russian invasion last year, an increasing number of Wagner mercenaries found themselves captured by Ukrainians. The activists believe this prompted the creation of a "prisoner exchange pool" within the Wagner Group.

According to reports from September 2022 to May 2023, the Wagner Group seemingly captured Ukrainian soldiers for future exchanges. They registered prisoners, compiled lists, and used them for exchange negotiations, explains Katrychenko. She adds that, as per the soldiers' accounts, the mercenaries would only take a certain number of prisoners, brutally and visibly executing the rest.

A soldier from the Ukrainian 17th Armored Brigade, named in the initiative report, witnessed a mass execution of Ukrainian prisoners. "There were twenty of us. The rest were huddled together, and I was kept at a distance of five to ten yards. Then I heard machine-gun fire. When I turned around, I saw four men had gunned down our comrades."

Another Ukrainian soldier reports threats of beheading by the Wagner mercenaries. They even showed him the severed heads of two executed Ukrainian soldiers. Instances of the Wagner Group displaying severed heads of Ukrainian soldiers are not uncommon, according to the human rights activists' report.

According to Tatiana Katrychenko, the amassed evidence strongly indicates war crimes and calls for exhaustive investigations, including on an international scale. The perpetrators are yet to be named due to their concealed identities and the Wagner Group's attempts to operate autonomously without any official status. However, the war in Ukraine demonstrates that the Wagner Group is overseen by Russia, rendering the Kremlin accountable for these crimes, Katrychenko stresses.

Between September 2022 and June 2023, there were at least eleven prisoner exchanges, primarily near Bakhmut, according to estimates by the Media Initiative for Human Rights. The Wagner Group exchanged prisoners with not only its mercenaries but also Russian army members. This further substantiates the close association between the Wagner Group and the Russian military, Katrychenko points out.

Even President Vladimir Putin conceded to the Russian state's financing of the Wagner Group, underscoring this connection.

Can the highest Russian authorities, including the president, be held accountable for the crimes perpetrated by the Wagner Group? Maksym Tymochko, an expert in international law, claims that there are appropriate legal avenues to pursue this, which Ukraine should utilize. He states in an interview with DW that war crimes are serious violations of the 1949 Geneva Conventions with no statute of limitations.

Tymochko contends that substantial evidence points to the Wagner Group's control and command by Russian authorities. This implies that high-ranking Russian military officials could be held accountable for the war crimes committed by this "private army". As Tymochko highlights, "universal jurisdiction" applies to international crimes, allowing any state to prosecute an individual for war crimes or genocide, regardless of where they were committed.

Tymochko also suggests that the Wagner Group could be designated as a terrorist organization, as was recently done by the UK. This would allow for prosecution of all its members and supporters. The International Criminal Court in The Hague could also hold accountable military commanders and leaders of such organizations.

Genocide and war crimes are also punishable in Ukraine. Maksym Tymochko emphasizes the concept of "command responsibility" where commanders can be held criminally responsible for international law crimes committed by their subordinates, regardless of direct orders. Evidence of inaction in preventing these crimes or punishing the culprits can suffice.

The Media Initiative for Human Rights is keen on expanding its report on the Wagner Group's crimes and is collecting additional witness statements, including those related to the murder and torture of civilians.