United Nations Not in Position to Verify Reports as Moscow, Kyiv Separately Investigate 24 January Russian Military Plane Crash, Political Chief Tells Security Council

Both sides are conducting separate investigations into the downing of a Russian military aircraft in the Belgorod region on 24 January 2023, the United Nations senior political official told the Security Council today, as numerous delegates underscored that the incident occurred in the context of Moscow’s war of aggression.

“The United Nations is not in a position to verify [the] reports or the circumstances of the crash,” said Rosemary A. DiCarlo, Under-Secretary-General for Political and Peacebuilding Affairs. According to Moscow, the plane was carrying 65 Ukrainian prisoners of war, six Russian crew members and three Russian military personnel. According to Kyiv, the plane may have been carrying missiles for the Russian Federation military system.

The incident – with its claimed link to a planned prisoner exchange – underscores the plight of prisoners of war, she said, noting that 90 per cent of the 280 Ukrainians who returned from Russian captivity say they were tortured. Notwithstanding the circumstances of the 24 January incident, the fate of prisoners of war should not be instrumentalized, she asserted.

Underscoring that the context of the incident is Moscow’s “war of choice” – during which 10,312 civilians have been killed – she spotlighted intensified attacks against Ukraine in recent weeks: on 23 January, at least 18 civilians were reportedly killed, and more than 130 injured, in missile strikes by the Russian Federation across Ukraine. On 21 January, 28 civilians were reportedly killed and 30 injured, in shelling on the Kremlin-controlled Ukrainian city of Donetsk.

When the floor opened for discussion, delegates voiced deep concern over the incident, noting the obligation of States under international law to protect prisoners of war. Many called for an impartial investigation into its circumstances.

The representative of the Russian Federation cited the incident as a “premeditated, thought-through crime” and “heinous act of terror by the Zelenskyy regime”. Ukraine’s leadership was aware of the route and method of transporting soldiers to the place of exchange and decided to sabotage the procedure in a barbaric manner. Preliminary investigations indicated the act was carried out by Ukrainian armed forces, using an anti-aircraft missile system launched from Kharkhiv region, he said, adding that Western countries could be implicated in the incident, as they had potentially supplied weaponry to Ukraine. Legitimate self-defence cannot be related to downing their own prisoners of war, he asserted.

Rejecting these accusations, Ukraine’s delegate said that “the only root cause of all atrocities, all deaths and destruction [is] the Russian war of aggression and its intention to destroy Ukraine Statehood.” On the failed prisoners-of-war exchange slated for 24 January 2024, she said Moscow had intentionally endangered the safety of prisoners by not providing the Ukrainian side with the information necessary to secure the airspace. If the Ukrainian prisoners of war were on board the downed aircraft, it would mark “the first case of Russia using a human shield in the air to cover the transportation of missiles” to be used against peaceful Ukrainian cities, she said.

Citing the downing of a military transport plane, which claimed 74 lives, including those of 65 Ukrainian prisoners of war, as a “human tragedy” and a painful reflection of the devastating effects of the war, Ecuador’s delegate called for a full and transparent investigation to be carried out to ensure accountability. Further, international law must be respected, including the dignified treatment of prisoners of war, he emphasized.

In the same vein, the representative of Switzerland said that, given the absence of reliable information on the Russian military aircraft crash, “it is crucial that the facts be established in a thorough, transparent and independent manner”. To this end, the International Humanitarian Fact-Finding Commission is at the disposal of the parties to a conflict to clarify the circumstances. He also noted that the primary responsibility for ensuring the safety of prisoners of war – including during transport – lies with the detaining power.

Rejecting any speculations vis-à-vis the incident, the delegate for Japan stressed that it occurred in the context of Moscow’s war of aggression. “Are they doing this, knowing that so many innocent Ukrainians have been killed on the Ukrainian soil by Russia’s indiscriminate attacks?” Accordingly, she urged the country to immediately and unconditionally withdraw from the entire internationally recognized territory of Ukraine.

The representative of the United States attributed the incident to Russian President Vladimir Putin’s decision to invade another sovereign UN State and noted: “Just as he started this war, he can end it.” Criticizing Moscow’s repeated attempts to shift the responsibility for the tragedies of its senseless war of choice, “as though it is the victim and not the aggressor”, he emphasized that it cannot be allowed to succeed in its efforts to erase an independent Ukraine from the map.

The representative of Algeria said that if the incident in question had not occurred, the Council today would have likely welcomed the exchange of prisoners of war between the Russian Federation and Ukraine as a positive gesture. Voicing concern over the logic of confrontation prevailing in this crisis and the increasing polarization, he called for inclusive and constructive dialogue.

Point of Order

The representative of the Russian Federation, speaking on a point of order, expressed his indignation at the partiality shown by the French presidency regarding the organization of the emergency meetings that his delegation requested. On 24 January, a terrible tragedy took place: a Russian plane was shot down in a terrorist act by Kyiv, resulting in the death of all 74 passengers. Most of them were Ukrainian prisoners of war who were to be exchanged. The Ukrainian general staff recognized immediately their involvement in the terrorist act, even though they very quickly withdrew their statement, “trying to pretend that it has never happened”, he said. Moscow immediately requested an emergency meeting of the Security Council on the same day. The Council presidency usually convenes such meetings within 3 hours of their request. Even though the Council’s calendar made it possible to hold the meeting, the French presidency categorically refused to do so, scheduling the meeting at the last possible moment – the evening of the next day, 25 January, he said, calling on representative of France not to place the interests of the North Atlantic Treaty Organization (NATO) and Kyiv above his duties as Council President.

The representative of France, speaking in his capacity as President of the Security Council, stated that he had deemed it necessary to continue yesterday the ongoing debate on the Gaza situation, allowing the remaining 25 speakers to share their views, considering the gravity of the situation in that territory. He further noted that, in accordance with the Council’s internal regulations, urgent meetings are convened within 48 hours, while emergency meetings are scheduled within 24 hours. He emphasized the non-political nature of his decision, underscoring the need for elected Council members, who may require additional time for information gathering, to have a more productive and well-informed meeting.

Briefing

ROSEMARY A. DICARLO, Under-Secretary-General for Political and Peacebuilding Affairs, said that on 24 January, it was reported that a Russian Federation IL-76 military transport plane crashed in the Belgorod region of that country near the border with Ukraine, killing everyone on board. According to Moscow, the plane was carrying 65 Ukrainian prisoners of war, six Russian crew members and three Russian military personnel. According to Kyiv, the plane may have been carrying missiles for the Russian Federation military system. Both sides are conducting separate investigations into the incident, and Kyiv has called for an international probe. “The United Nations is not in a position to verify these reports or the circumstances of the crash,” she said, stating that the incident took place in the context of the Russian Federation’s invasion of Ukraine and ongoing war.

In a month, she said, it will be two years since that invasion began, and today’s meeting is already the Security Council’s fourth time in 2024 to convene on the situation in Ukraine. In recent weeks, the scale and intensity of attacks against that country have only grown. Since February 2022, the Office of the High Commissioner for Human Rights (OHCHR) has recorded 10,312 civilians killed, including 576 children, and 19,530 more injured, including 1,277 children. On 23 January, at least 18 civilians were reportedly killed, and more than 130 injured, in missile strikes by the Russian Federation across Ukraine. In Kyiv, the latest attacks injured civilians and caused damage to civilian buildings, including next to the United Nations office. On 21 January, 28 civilians were reportedly killed and 30 injured, in shelling on the Kremlin-controlled Ukrainian city of Donetsk.

The recent incident in the Belgorod region, with its claimed link to a planned prisoner exchange, underscores the plight of prisoners of war, she said. Since February 2022, the United Nations has interviewed over 280 Ukrainian prisoners of war who returned from Russian captivity. Over 90 per cent say they were tortured, and many said they did not receive enough food or medical treatment they urgently needed, she stated, urging the Russian Federation to provide independent international monitors unfettered access to prisoners of war. The parties must fulfil their obligations under the Geneva Conventions. Earlier this month, the latest exchange of prisoners of war took place between Ukraine and the Russian Federation. Notwithstanding the circumstances of the 24 January incident, the fate of prisoners of war should not be instrumentalized. “Families on both sides are waiting to be reunited with their loved ones,” she emphasized, imploring the parties to continue the prisoner exchanges.

“The war in Ukraine is a war of choice,” she asserted, stressing that the longer it lasts, the more death and destruction it causes, and the more it eats away at the norms agreed to ensure and maintain a peaceful and secure world. The United Nations remains ready to support any meaningful efforts to lay the groundwork for just, lasting and comprehensive peace in line with the Charter of the United Nations, international law and resolutions of the General Assembly.

The representative of the Russian Federation recalled that his delegation had demanded an emergency meeting of the Council the previous day, following yet another “heinous act of terror by the Zelenskyy regime”, whose armed forces shot down a Russian military transport aircraft in Belgorod region, which contained six crew members and 65 Ukrainian prisoners-of-war. The act was a “premeditated, thought-through crime”, he said, stating that the leadership of Ukraine was aware of the route and method of transporting soldiers to the place of exchange, meant to take place in the latter half of 24 January. The Kyiv regime decided to sabotage the procedure in a barbaric manner, he added. Preliminary investigations indicated the act was carried out by Ukrainian armed forces, using an anti-aircraft missile system launched from Kharkhiv region, he said, adding that Western countries could be implicated in the incident, as they had potentially supplied weaponry to Ukraine.

His country awaits an explanation for the reason behind the incident, he went on, adding that it remains to be seen if it was due to a lack of coordination, someone’s initiative or a crime. Immediately after the incident, the general staff of the Ukrainian armed forces congratulated themselves for the act, which was reported in Ukrainian mass media, he said, adding that, as news of the prisoners of war being aboard emerged, they panicked, and such information was crudely deleted from the internet. The Western sponsors of Kyiv were responsible for their crimes, he said, recalling a meeting on Monday in which statements were made about cramming Ukraine with weaponry. Legitimate self-defense cannot be related to downing their own prisoners of war, he said, calling on the Council to denounce this and other acts by Kyiv, including the 2014 downing of a Malaysian Airlines plane in Donetsk. Those on the aircraft that crashed were sacrificed twice, he added, once as cannon fodder, and second, by downing their plane.

The representative of Mozambique said that the tragic loss of prisoners of war resulting from the downing of the military transport aircraft raises serious concerns regarding adherence to the Geneva Conventions by the parties to the conflict. He urged both sides to ensure that this incident does not hinder the recent progress made in the prisoner exchange, adding that “this tragedy should instead be a catalyst for de-escalation and dialogue aimed at peace.” The two parties should immediately engage in unconditional and expeditious peace negotiations. It is crucial to conduct future prisoner exchanges securely and humanely in strict adherence to international humanitarian law, he concluded.

The representative of the United States attributed the incident in question to one man’s decision to launch a war of aggression, in flagrant violation of the UN Charter. “We are here today because President Putin decided to invade another sovereign UN State; just as he started this war, he can end it,” he stressed. Moscow’s rush to call for a Council meeting follows a familiar pattern, he observed, noting that country’s repeated attempts to shift the responsibility for the tragedies of its senseless war of choice, “as though it is the victim and not the aggressor”. However, the Russian Federation bears full responsibility for starting and continuing this war and committing unspeakable atrocities against Ukrainian citizens. Accordingly, he called on the international community to continue its support of Ukraine’s sovereignty and territorial integrity, emphasizing that Moscow cannot be allowed to succeed in its efforts to erase an independent Ukraine from the map and subjugate its people.

The representative of Malta said that the military plane crash illustrates once again the disastrous consequences of Russian aggression. Deploring the Russian Federation’s war against Ukraine, she stressed that Moscow’s systematic air strikes against civilians and civilian infrastructure continue to bring suffering to Ukrainians. Civilians and prisoners of war in armed conflict should be protected in compliance with international law, including international humanitarian law. She further called on the Russian Federation to end its hostilities and withdraw its military forces, equipment and proxies. The maintenance of international peace and security can only be ensured through a comprehensive, just, and lasting peace in Ukraine, she concluded.

The representative of Guyana voiced regret about the loss of 74 lives in a plane crash in the region of Belgorod, noting that the full circumstances of the situation were yet to be made known, pending the results of an investigation. She voiced regret that more suffering will be caused with every day the conflict continues, leading to shattered lives and dreams. Regardless of which side of the frontline they were at, precious lives were lost. Therefore, she called for an immediate end to the war and the withdrawal of military forces. The death and destruction to civilians two years into the conflict must end. She urged the parties to commit to a serious diplomatic process to end the conflict.

The representative of the Republic of Korea said that there are discrepancies between the positions of the Russian Federation and Ukraine regarding the cause of the plane crash, and the facts are unclear at this point. Under these circumstances, more information is needed to determine the actual cause and result of this tragedy. His delegation hopes that the full picture of this incident will become clear through a fair investigation. This incident should not negatively impact any potential future exchanges of prisoners of war between the two sides. It is unbearable to watch tragic events occur repeatedly as the war continues. In this regard, Seoul urges Moscow once again to immediately withdraw its military forces from the territory of Ukraine and end this brutal war. Ukraine’s sovereignty, political independence and territorial integrity should be respected, he stressed.

The representative of Switzerland said that, at present, there is no reliable information on yesterday’s incident concerning a military aircraft which crashed in the Belgorod region. “It is crucial that the facts be established in a thorough, transparent and independent manner,” he asserted, noting that the International Humanitarian Fact-Finding Commission is at the disposal of the parties to a conflict to clarify the circumstances. International humanitarian law accords crucial protection to prisoners of war who must be protected against the dangers arising from military operations. The primary responsibility for ensuring their safety – including during transport – lies with the detaining power, he observed, expressing support for efforts to exchange prisoners of war. He also urged the Russian Federation to cease the waves of missile and drone attacks that continue to cause civilian casualties and extensive damage to civilian infrastructure, again this week in several locations in Ukraine.

The representative of China expressed his grave concern over the tragic event and strongly urged relevant parties to strictly abide by international law and international conventions safeguarding the lives and basic rights of prisoners of war. “The Ukrainian crisis has demonstrated over and over again that conflicts produce no winners,” he said, adding that “dialogue and negotiation represent the only viable way out of any crisis.” Sending weapons to the battlefield hinders the attainment of peace, he stressed, urging the relevant parties to gradually re-engage in negotiations and reach consensus, while highlighting diplomatic mediation and a collective effort of the international community towards de-escalation. He further stated that his country will make continuous efforts towards achieving a political solution to the crisis.

The representative of Ecuador voiced regret over the downing of a military transport plane, which claimed 74 lives, including those of 65 Ukrainian prisoners of war. The incident was a “human tragedy” and a painful reflection of the devastating effects of the war, he said, calling for a full and transparent investigation to be carried out to ensure accountability. He called for international law to be respected and for the dignified treatment of prisoners of war to be ensured. The war in Ukraine has led to great loss and suffering, for those involved and for the world. Recalling presidential statement S/PRST/2022/3, adopted on 6 May, pertaining to the obligation to settle their international disputes by peaceful means, in line with the United Nations Charter, he called for a realistic ceasefire and a just and lasting peace.

The representative of Sierra Leone, expressing concern over the tragic incident involving the downing of a Russian military plane, called for fully respecting Ukraine’s national sovereignty and territorial integrity within its internationally recognized borders. The Council should call for the immediate cessation of hostilities and urge for good faith diplomatic efforts to resolve the conflict. Commending the exchange of prisoners of war, he welcomed the relevant efforts of the United Arab Emirates in facilitating this process. The conflicting parties should abide by their obligations under international law, he said, emphasizing the imperative of humane treatment in all circumstances. Stressing the importance of accountability for violations of international law, he called for “an independent and impartial investigation into the circumstances surrounding the incident,” underscoring the need for a comprehensive understanding of the events.

The representative of Slovenia said that this meeting mainly serves as an opportunity to mix facts with unverified information and misinformation. Now, he is aware of only one fact: A military transport airplane was downed during an armed conflict. “We do not know what it was carrying and whether it was shot down, or crashed,” he said, seeking independently verified information on the event. On the other hand, ample independently verified information exists regarding the Russian Federation’s violations of international law, including humanitarian and human rights law, in Ukraine, including indiscriminate attacks on civilians and critical infrastructure as well as gross human rights violations.

The representative of Japan, taking note of reports that a Russian military aircraft had crashed in Russian territory, as Ukraine evaluates the incident, stated that the Council must not engage in speculation without any objective information. The Russian Federation requested an urgent briefing on the downing of its own military plane in a war of aggression against Ukraine, which the Russian Federation initiated, she said, adding: “Are they doing this, knowing that so many innocent Ukrainians have been killed on the Ukrainian soil by Russia’s indiscriminate attacks?” It is obvious that if the Russian Federation had not violated the United Nations Charter by starting its aggression against Ukraine in the first place, such a situation would not have arisen, she said, urging Moscow to stop its aggression and immediately and unconditionally withdraw from the entire internationally recognized territory of Ukraine.

The representative of the United Kingdom supported Ukraine’s “calm and measured response” to the aircraft incident, stressing an urgent need to establish the facts. It is too early to draw conclusions regarding the incident, he emphasized, adding that President Vladimir Putin demonstrated a total disregard for the value of human life, including his own citizens, when he made the decision to illegally invade Ukraine. “We would not be in this position and incidents like this would not happen if it were not for Russia’s full-scale illegal invasion in February 2022,” he stressed. Hundreds of thousands of lives have been lost in this war, including over 300,000 Russian soldiers and tens of thousands of Ukrainian civilians, he observed, urging Moscow to end the bloodshed by withdrawing its military personnel from the internationally recognized borders of Ukraine.

The representative of Algeria said that if the incident in question had not occurred, the Council today would have likely welcomed the exchange of prisoners of war between the Russian Federation and Ukraine as a positive gesture. Unfortunately, that is not the case. “We are rather urgently gathering today with more acute concern,” he said, noting the logic of confrontation prevailing in this crisis, the increasing polarization, and the lack of perspective for inclusive and constructive dialogue and negotiations. Calling on all parties to exercise restraint, he underscored the importance of considering the legitimate security concerns of all parties. The international community must promote diplomatic efforts towards peace. Algeria stands ready to contribute to any endeavor to promote inclusive and constructive dialogue.

The representative of France, Council President, said that the negative consequences of the Russian Federation’s aggression against Ukraine launched 24 February 2022 continue to proliferate, with every day bringing fresh news of a new drama with new victims. Yesterday brought news of the crash of a Russian military plane in the Belgorod region, which left no survivors, he said, underscoring the need for more light to be shed on the event. However, rather than convene meetings that invert the order of responsibility, the Russian Federation should cease its aggression and withdraw its troops from Ukraine, as called for by the International Court of Justice on 16 March 2022, as well as the General Assembly. The amount of money spent on propaganda by the Russian Federation is lamentable, he added. On the reference made to the downing of the flight MH17 in 2017, in which Australians and Dutch nationals died, he recalled that The Hague had condemned Russian nationals for the act.

The representative of Ukraine said the Russian Federation has committed crimes and provocations to divert the attention of the international community from “the only root cause of all atrocities, all deaths and destruction – the Russian war of aggression and its intention to destroy Ukraine Statehood.” Pointing out the recent intensified missile attacks on Ukrainian cities, notably targeting Kharkov, she urged an immediate cessation of such attacks and condemned the Russian Federation for turning the Belgorod region into “a springboard for missile terror.” Highlighting the correlation between Russian shelling and increased military transport aircraft activities, particularly IL-76 flights to Belgorod airport, she emphasized Ukraine’s right to consider such aircraft as legitimate military targets. Turning to the failed prisoners-of-war exchange slated for 24 January 2024, she said Moscow had intentionally endangered the safety of prisoners by not providing the Ukrainian side with the information necessary to secure the airspace.

She further said the Russian Federation has violated international humanitarian law by using civilians as human shields, including in Crimea and Donbas. If the Ukrainian prisoners of war were on board the downed aircraft, it would mark “the first case of Russia using a human shield in the air to cover the transportation of missiles” to be used against peaceful Ukrainian cities. Moscow bears full responsibility for the lives of Ukrainian prisoners of war, she underscored, demanding an international investigation to establish all the circumstances of this incident. “Facts is the keyword now,” she stressed, pointing to Moscow’s reluctance to have a transparent investigation and voicing alarm over the possible evading of the plane crash by Russian senior military and political officials. “There is only one way to stop the scourge of war – to stop the war itself,” she concluded.

The representative of the Russian Federation took the floor again to respond to the remarks by France’s delegate, which placed the blame for the tragedy involving Malaysian Airlines aircraft MH17 on his country. After the disaster, his country had called for an impartial international investigation, but the information forwarded by his country was not made part of the proceedings. He took issue with what he described as a biased approach by the joint investigative group and the biased court in The Hague, stating that the judicial proceedings fit one version that was beneficial to the West, indicating Russian involvement. The perpetrators of the crime were still in Kyiv, he added.

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