War crimes in the Russian invasion of Ukraine: Difference between revisions

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As of 20 March local authorities have estimated that at least 2,300 people were killed during the siege.<ref name="Art">{{Cite web |last=Anna |first=Cara |date=20 March 2022 |title=Russia bombs Mariupol art school where 400 were sheltering, Ukraine officials say |url=https://www.timesofisrael.com/russia-bombed-mariupol-art-school-where-400-were-sheltering-ukraine-officials-say/ |access-date=2022-03-21 |website=www.timesofisrael.com |language=en-US}}</ref>
As of 20 March local authorities have estimated that at least 2,300 people were killed during the siege.<ref name="Art">{{Cite web |last=Anna |first=Cara |date=20 March 2022 |title=Russia bombs Mariupol art school where 400 were sheltering, Ukraine officials say |url=https://www.timesofisrael.com/russia-bombed-mariupol-art-school-where-400-were-sheltering-ukraine-officials-say/ |access-date=2022-03-21 |website=www.timesofisrael.com |language=en-US}}</ref>


On 20 March 2022 it was announced by Ukrainian authorities that Russian troops had [[Mariupol art school bombing|bombed Art School No. 12]] in [[Mariupol]] where about 400 people were taking shelter during the battles and bombings on the city.<ref>{{Cite news |title=Russian troops ‘everywhere’ in Mariupol as art school sheltering 400 is bombed |language=en-US |work=[[The Washington Post]] |url=https://www.washingtonpost.com/world/2022/03/20/mariupol-art-school-civilians-russia/ |access-date=2022-03-21 |issn=0190-8286}}</ref><ref>{{Cite web |last= |first= |title=School where hundreds were believed to be sheltering is bombed in Mariupol as fighting rages for key port city |url=https://www.cnn.com/2022/03/20/europe/russia-invasion-ukraine-03-20-intl/index.html |access-date=2022-03-21 |website=CNN}}</ref>
On 20 March 2022 it was announced by Ukrainian authorities that Russian troops had [[Mariupol art school bombing|bombed Art School No. 12]] in [[Mariupol]] where the Ukrainian authorities claimed about 400 people were taking shelter during the battles and bombings on the city.<ref>{{Cite news |title=Russian troops ‘everywhere’ in Mariupol as art school sheltering 400 is bombed |language=en-US |work=[[The Washington Post]] |url=https://www.washingtonpost.com/world/2022/03/20/mariupol-art-school-civilians-russia/ |access-date=2022-03-21 |issn=0190-8286}}</ref><ref>{{Cite web |last= |first= |title=School where hundreds were believed to be sheltering is bombed in Mariupol as fighting rages for key port city |url=https://www.cnn.com/2022/03/20/europe/russia-invasion-ukraine-03-20-intl/index.html |access-date=2022-03-21 |website=CNN}}</ref>


===Chernihiv bombing===
===Chernihiv bombing===

Revision as of 11:25, 22 March 2022

Not to be confused with Ukraine v. Russian Federation (2022).

Following the 2022 Russian invasion of Ukraine, part of the Russo-Ukrainian War that started in 2014, Russia has been accused of starting a war of aggression, using cluster munition and thermobaric weapons in residential areas, and attacking humanitarian corridors and other civilian targets. The Ukrainian authorities have been accused of exploiting Russian prisoners of war for propaganda purposes.

Ukrainian civilian killed during the Russian bombing of Chernihiv
Situation in Ukraine
The seal of the International Criminal Court
The seal of the International Criminal Court
File no.01/22
Referred byAlbania, Australia, Austria, Belgium, Bulgaria, Canada, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, North Macedonia, Norway, Netherlands, New Zealand, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom
Date referred25 February 2022
Date opened3 March 2022 (2022-03-03)
Incident(s)Revolution of Dignity and Russo-Ukrainian War (Includding 2022 Russian invasion of Ukraine)
Crimeswar crimes:
crimes against humanity:
Genocide:
Status of suspect


Crime of aggression

Main article: Legality of the 2022 Russian invasion of Ukraine

According to experts and human rights organizations, the invasion of Ukraine violated the Charter of the United Nations prohibition on aggression and could qualify as a crime of aggression under international criminal law.[1][2][3][4] There are significant procedural obstacles to prosecuting Russian leaders for the crime for aggression at the International Criminal Court, but the crime of aggression can be prosecuted in countries that allow universal jurisdiction over such crimes.[1][2][5]

Attacks on civilian areas

Shelling of Kharkiv regional administration
Shelled residential buildings in Kharkiv Oblast

On 25 February 2022, Amnesty International stated that Russian forces had "shown a blatant disregard for civilian lives by using ballistic missiles and other explosive weapons with wide area effects in densely populated areas". In addition, Russia has falsely claimed to have only used precision-guided weapons. Three documented attacks, in Vuhledar, Kharkiv and Uman, Amnesty International stated were indiscriminate and could constitute war crimes.[6] The Uman attack occurred at 07:00 (UTC) on 24 February, killing one civilian and damaging a restaurant. The Kharkiv attack, at 08:00, landed between apartment buildings and killed one civilian.[6]

On 1 and 2 March, the Russian artillery targeted a densely populated neighbourhood of Mariupol, shelling it for nearly 15 hours. The neighbourhood was significantly destroyed as a result, with deputy mayor Sergei Orlov reporting that "at least hundreds of people [were] dead."[7][8]

On 3 March, the Office of the United Nations High Commissioner for Human Rights released a statement saying that it had recorded at least 1006 civilian casualties in the first week of the invasion, but that it believed that "the real figures are considerably higher."[9]

On 6 March, the World Health Organization released a statement saying that it had evidence that multiple health care centres in Ukraine had been attacked, with Director-General Tedros Adhanom Ghebreyesus saying that "attacks on healthcare facilities or workers breach medical neutrality and are violations of international humanitarian law."[10]

Use of cluster munitions

The Vuhledar attack, at 10:30 (UTC) on 24 February, was the result of a 9M79 Tochka missile, the missile landed next to a hospital and killed four civilians. Amnesty International describe its analysis as "irrefutable evidence of violations of international humanitarian law and international human rights law" by Russian forces.[6] Human Rights Watch (HRW) found that the Vuhledar hospital attack used an 9N123 cluster munition, a type of weapon that is prohibited by most states under the Convention on Cluster Munitions because of its immediate and long-term danger to civilians. The 9N123 contains fifty 9N24 individual submunitions, which each split into 316 bomblets. HRW based its analysis on contacts with hospital and municipal administrations and multiple photographic evidence. HRW called for Russian forces to stop making "unlawful attacks with weapons that indiscriminately kill and maim."[11] The press secretary of the Russian Federation Dmitry Peskov denied this information, saying that such types of ammunition are in service with the Armed Forces of Ukraine.[12]

On 27 February, Amnesty International stated that it had analysed evidence showing that Russian cluster munitions from a 220 mm BM-27 Uragan rocket had hit a preschool in Okhtyrka where civilians were taking shelter on 25 February, killing three, including a child. UAV film showed four hits on the roof of the preschool, three on the ground next to the school, two injured or dead civilians, and pools of blood. Amnesty International analysed 65 photos and videos of the event and interviewed local residents.[13] Bellingcat stated that remains of the 9M27K rocket were found 200 metres east of the kindergarten. Russian forces were located west of Okhtyrka. Amnesty described the rocket type as "unguided and notoriously inaccurate", and described the attack as a potential war crime that should be investigated.[13]

On 4 March, Human Rights Watch stated that "Russian forces fired cluster munitions into at least three residential areas in Kharkiv" on 28 February, killing at least three civilians.[14]

Targeting of humanitarian corridors

Photo distributed by the Ukrainian Ministry of Internal Affairs purportedly showing the victim of a Russian attack in Mariupol in March 2022

During the Siege of Mariupol, a number of attempts to establish a humanitarian evacuation corridor to evacuate civilians from the city have been made, but have failed due to the corridor being targeted by Russian forces. On 5 March, a five-hour ceasefire was declared, but evacuations were quickly halted after shelling continued during the declared time.[15] The next day, the International Committee of the Red Cross (ICRC) announced that a second attempt to establish an evacuation corridor had failed.[16] On 7 March, the ICRC announced that it had found that one of the routes listed for evacuations during a ceasefire had been mined.[17]

On March 7, during the Siege of Mariupol, the U.S. ambassador to the Organization for Security and Co-operation in Europe, Michael Carpenter, described two incidents that occurred in Mariupol on March 5 and 6 as war crimes. He stated that on both dates, Russian forces bombed agreed-upon evacuation corridors while civilians were trying to use them.[18]

Thermobaric weapons

On 28 February, Oksana Markarova, the Ukrainian ambassador to the United States, stated that Russian forces used a thermobaric bomb in Okhtyrka.[19][20][21] International law does not prohibit the use of thermobaric munitions, fuel-air explosive devices, or vacuum bombs against military targets.[22][23] Their use against civilian populations may be banned by the United Nations (UN) Convention on Certain Conventional Weapons (CCW).[24] Markarova claimed that the use of thermobaric weapons is in violation of the Geneva Conventions.[25][26][27] White House Press Secretary Jen Psaki said she had seen reports but did not have confirmation that Russia had used such weapons. "If that were true, it would potentially be a war crime," she told a press briefing.[19] The attack destroyed a Ukrainian military base, killing 70 soldiers.[28]

Targeting of nuclear power plants

On March 3, 2022, Russian forces carried out artillery strikes on the Zaporizhzhia Nuclear Power Plant,[29] Europe's largest. Upon Russian arrival, the workers activated the control rods. The shelling hit various buildings, including the first power unit. A fire broke out due to the shelling which was quickly extinguished.[30][31][failed verification] That evening, the US Embassy in Ukraine described the Russian shelling of the Zaporizhzhia nuclear power plant in Ukraine as a war crime aiming to establish a "reign of terror".[32][clarification needed] On the same day, Ukrainian President Volodymyr Zelenskyy accused Russian President Vladimir Putin of committing "nuclear terror" by ordering the attack on the plant.[32] According to international law scholar Tom Dannenbaum, the attack almost certainly breached international law but probably did not constitute a war crime.[33]

Treatment of prisoners of war

A number of interviews of Russian soldiers taken prisoner have been circulated on social media, often seemingly filmed under a degree of duress and used for Ukrainian propaganda purposes.[34][35] These videos have raised concerns about potential violations of the Geneva Conventions, in particular Article 13 of the Third Geneva Convention, which states that prisoners of war should be protected "against insults and public curiosity."[36][37] On 7 March, Amnesty International released a statement saying that "it is essential that all parties to the conflict fully respect the rights of prisoners of war," and saying that filmed prisoners of war and their families could be put at risk of reprisals following repatriation to Russia.[38]

Human Rights Watch criticized the Ukrainian treatment of prisoners of war, which it described as intentional humiliation and shaming.[39]

Looting

Russian troops were reportedly looting houses, banks and stores across Kherson, the Ukrainian army claimed to have intercepted phone calls where Russian troops were reportedly "bragging" about looting several stores and houses through the city.[40]

Attacks on civilians

Residential building in Kyiv, Ukraine, after an attack. 26 February 2022.
Residential building in Kyiv, Ukraine, after an attack. 26 February 2022.

Attacks on hospitals and medical care facilities

On 17 March, the World Health Organization (WHO) reported that there have been 43 verified Russian attacks on medical care in Ukraine -- including attacks on healthcare facilities, patients, and healthcare workers -- since 24 February.[41][42]

Mariupol Hospital airstrike

Main article: Mariupol hospital airstrike

On 9 March, Russian forces bombed a maternity and children's hospital in Mariupol.[43] The hospital was destroyed.[44] three people were killed, including a young girl and at least 16 were injured, authorities stating that many more patients and hospital staff were buried under rubble from the blast.[45] British prime minister Boris Johnson described the bombing as "depraved".[46] Dmytro Kuleba called the bombing a "petrifying war crime".[47]

Russia accused the injured pregnant women of being "paid actors", including making the accusation on social media.[48] The false accusation against one of these injured women then began trending online in Russia including on Russian Telegram social media which has hundreds of thousands of followers.[49] The Russian Embassy in the UK then Tweeted the Telegram claim adding that she was "wearing some good makeup". Twitter then took down the embassy's posts.[50]

The other pregnant woman, who had been carried on a sretcher in the video, died on 13 March as the result of her wounds along with her stillborn child.[51]

Donetsk Oblast

Main article: Siege of Mariupol

On 24 February, the Russian Armed Forces, working together with pro-Russian rebels, besieged the port city of Mariupol, leading to heavy casualties as supplies were cut from the locals.[52]

Mariupol theatre airstrike

Main article: Mariupol theatre airstrike

On 16 March, Russian Armed Forces bombed the Donetsk Regional Drama Theatre in Mariupol, Ukraine, which was in use as an air raid shelter; Ukrainian authorities stated it was holding up to 1,200 civilians during the siege of Mariupol.[53] The theatre was largely destroyed in the attack, which Ukrainian authorities described as a war crime.[48] Casualty figures are currently not known; people were trapped under the burning rubble of the collapsed theatre following the attack, but ongoing shelling in the area has complicated recovery efforts.[48][54]

The theatre is one of a number of Ukrainian heritage and cultural sites that have been deliberately targeted and destroyed by invading Russian forces.[54] Satellite images of the theatre taken on 14 March show the word "children" spelled out in Russian in two locations outside the theatre in an attempt to identify it to invading forces as a civilian air raid shelter containing children and not a military target.[48] Mariupol city council officials stated that the theatre was the largest single air raid shelter in the city, and at the time of the attack it contained only women and children.[54]

In response to the attack, Russia accused the Ukraine-backed Azov Battalion of carrying out the theatre bombing, without providing evidence.[48]

Mass shelling of residential areas in Mariupol

On 2 March, deputy mayor Sergiy Orlov reported that Russian artillery targeted a densely populated neighborhood of Mariupol, shelling it for nearly 15 hours. He said that one populated residential district on the city's left bank had been "nearly totally destroyed".[7]

The city was cut off from electricity, food, gas and water. A 6-year-old girl was reported to have died from dehydration under the ruins of her home in Mauripol on March 8.[55]

Satellite photos of Mariupol taken the morning of 9 March by Maxar Technologies, a contractor for the US military, showed "extensive damage" to high-rise apartments, residential homes, grocery stores and other civilian infrastructure. This was determined by comparing before and after photos.[56] The Mariupol council made a statement that the damage to the city has been "enormous". It has estimated that approximately 80% to 90% of the city's infraestructure has been significantly damaged due to shelling, of which almost 30% were destroyed beyond repair.[57] Reporting from Mariupol, Reuters reporter Pavel Klimov said that "all around are the blackened shells" of tower block dwellings.[58]

On March 16 BBC News reported that nearly constant Russian attacks had turned residential neighbourhoods into "a wasteland."[59] On the same day it reported that it had obtained drone footage showing "a vast extent of damage, with fire and smoke billowing out of apartment blocks and blackened streets in ruins."[59] A city resident told the BBC that "in the left bank area, there's no residential building intact, it's all burned to the ground." The left bank contained a densely populated residential district.[7] She also said that the city centre is "unrecognisable."[59] On the same day the Institute for the Study of War (ISW) reported that Russian forces continued to commit war crimes in Mariupol including "targeting civilian infrastructure."[60]

On 18 March, Sky News from the UK described an aerial and a ground video as both showing "Apocalyptic destruction in Mariupol."[61] Sky News also reported that it had verified the locations of both videos to destroyed residential areas of Mariupol, also including some commercial properties.[62] On 19 March 2022 a Ukrainian police officer in Mariupol made a video in which he said "Children, elderly people are dying. The city is destroyed and it is wiped off the face of the earth." The video was authenticated by the Associated Press.[63]

As of 20 March local authorities have estimated that at least 2,300 people were killed during the siege.[64]

On 20 March 2022 it was announced by Ukrainian authorities that Russian troops had bombed Art School No. 12 in Mariupol where the Ukrainian authorities claimed about 400 people were taking shelter during the battles and bombings on the city.[65][66]

Chernihiv bombing

Main article: 2022 Chernihiv bombing

On 3 March, Russian forces killed 47 civilians in Chernihiv, most of whom were standing in line at a food store waiting for bread, when a Russian air strike with eight unguided aerial bombs hit them.[67] Amnesty International did not identify any military targets near the site of the attack.[68] This action is regarded as a war crime by Amnesty International.[69]

Sumy

In the evening and throughout the night on 7 March Russian forces executed an airstrike on Sumy's residential neighbourhood. About 22 people were killed, and 3 among them were children.[70][71] Under the procedural guidance of the Sumy District Prosecutor's Office, criminal proceedings have been instituted for violating the laws and customs of war.[72]

Kharkiv Oblast

During the Battle of Kharkiv, the city was destroyed by Russian shelling, including a boarding school for blind people. Out of a population of 1.8 million, only 500,000 people remained in Kharkiv by March 7.[73]

On 4 March 122 civilians, including five children, were killed in the Kharkiv region.[74]

On 8 March, Russian forces bombed a hospital in Izium, the hospital was totally destroyed.[75] This shelling has been regarded as a war crime by region authorities.[76]

Kyiv Oblast

Malyn city, Zhytomyr Oblast, after March 8 Russian airstrike. Emergency servicemen carry a dead body found under rubble

Bucha shooting

On 4 March, Russian forces killed three unarmed Ukrainian civilians who had just delivered dog food to a dog shelter in Bucha, a city near Kyiv.[77]

Irpin shelling

Main article: Irpin refugee column shelling

On 6 March 2022, from 9:30 a.m. until 2 p.m. local time, the Russian Armed Forces repeatedly indicriminately fired at refugees trying to flee across a collapsed bridge, as well as shelling an intersection in Irpin that hundreds of civilians were using to escape to Kyiv, whilst Ukrainian forces fired mortar rounds at Russian forces from a military position about 180 meters from the intersection.[78] Human Rights Watch stated that "Both sides in this conflict have an obligation to take all feasible steps to avoid civilian harm and to allow the civilian population to evacuate safely."[79] It was part of an assault on Irpin. Eight civilians were killed,[79][80][81] including a family of four that was killed by a mortar strike.[82][83]

Bombing of Kyiv

Among the targets of Russian airstrikes was Ukraine's capital Kyiv, a city of some 3 million people.[84] Kindergartens and orphanages were also shelled.[85] Russian forces were accused of a campaign of terror against Ukrainians.[86]

Mykolaiv

Main article: 13 March 2022 Mykolaiv cluster bombing

On 13 March 2022, the Russian Armed Forces perpetrated a cluster munition bombing of Mykolaiv. Nine civilians waiting in line on the street at a cash machine have been killed in the attack.[87] Russian forces used Smerch and Uragan cluster munition on the densely populated areas.[88]

Kremmina elderly home attack

Lyudmyla Denisova, Ukraine's human rights ombudswoman, alleged that on March 11 over 50 elderly persons in a care home had been intentionally fired upon by a tank in the town of Kremmina, calling the attack a "crime against humanity" by "racist occupation forces".[89] Serhiy Haidai, governor of Luhansk region, made the same claim. 56 victims had reportedly died, while 15 survivors were taken to Svatove in "occupied territory". The allegations have not been independently verified so far.[90]

Other incidents

According to Ukrainian officials, Russian forces used explosives hidden in a children's toy, mobile phones, and valuables.[91][92]

Legal proceedings

International Criminal Court

Main article: International Criminal Court investigation in Ukraine

On 25 April 2014, the International Criminal Court (ICC) started a preliminary examination of crimes against humanity that may have occurred in Ukraine in the 2014 Euromaidan protests and civil unrest, the 2014 annexation of Crimea by the Russian Federation, and the war in Donbas. On 11 December 2020, the ICC Prosecutor found that "there was a reasonable basis to believe that war crimes and crimes against humanity were committed", that the "alleged crimes identified would [as of December 2020] be admissible", and that there was "a reasonable basis for investigation, subject to judicial authorisation".[93][94]

On 25 February 2022, ICC Prosecutor Karim Ahmad Khan stated that the ICC could "exercise its jurisdiction and investigate any act of genocide, crime against humanity or war crime committed within Ukraine."[95] Khan stated on 28 February that he would launch a full ICC investigation and that he had requested his team to "explore all evidence preservation opportunities". He stated that it would be faster to officially open the investigation if an ICC member state referred the case for investigation. Lithuanian prime minister Ingrida Simonyte stated on the same day that Lithuania had requested that the ICC investigation be opened.[96]

On 3 March, after 39 states referred the situation in the Ukraine to the ICC, the ICC chief prosecutor's office started the procedures for collecting evidence of alleged war crimes, crimes against humanity, and genocide committed by any individuals (of any nationality) during the invasion. The news followed the referral of the situation in Ukraine to the ICC by 39 states.[97] Articles 28(a) and 28(b) of the Rome Statute define the relation between command responsibility and superior responsibility of the chain of command structures of the armed forces involved.[98]

The implementation of arrest warrants issued by the ICC against suspects located in Russia would be difficult, since Russia is not a member of the ICC.[99][100]

List of countries that referred the situation in Ukraine to the ICC

The countries that referred the case of war crimes in Ukraine to the ICC includes the following:[101][102]

  1. Albania
  2. Australia
  3. Austria
  4. Belgium
  5. Bulgaria
  6. Canada
  7. Colombia
  8. Costa Rica
  9. Croatia
  10. Cyprus
  11. Czech Republic
  12. Denmark
  13. Estonia
  14. Finland
  15. France
  16. Georgia
  17. Germany
  18. Greece
  19. Hungary
  20. Iceland
  21. Ireland
  22. Italy
  23. Japan
  24. Latvia
  25. Liechtenstein
  26. Lithuania
  27. Luxembourg
  28. Malta
  29. North Macedonia
  30. Norway
  31. Netherlands
  32. New Zealand
  33. Poland
  34. Portugal
  35. Romania
  36. Slovakia
  37. Slovenia
  38. Spain
  39. Sweden
  40. Switzerland
  41. United Kingdom

International Court of Justice

Main article: Ukraine v. Russian Federation (2022)

On 27 February, Ukraine filed a petition with the International Court of Justice arguing that Russia violated the Genocide Convention using an unsubstantiated accusation of genocide in order to justify its aggression against Ukraine.[103][104]

On 1 March, the ICJ officially called on Russia to "act in such a way" that would make it possible for a decision on provisional measures to become effective.[105] Initial hearings in the case took place on March 7, 2022 at Peace Palace in The Hague, Netherlands—the seat of the court—to determine Ukraine's entitlement to provisional relief.[106] The Russian delegation did not appear for these proceedings,[107] but submitted a written statement.[108]

On 16 March 2022, the court ruled 13-2 that Russia must "immediately suspend the military operations" it commenced on 24 February 2022 in Ukraine,[109] with Vice-President Kirill Gevorgian of Russia and Judge Xue Hanqin of China dissenting.[110] The court also unanimously called for "[b]oth Parties [to] refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.[109]

Other legal aspects

Gyunduz Mamedov, a former deputy Prosecutor General of Ukraine, stated on 25 February 2022 that he was gathering evidence of war crimes.[111] The Ukrainian foreign minister Dmytro Kuleba stated on 25 February that Russia was committing war crimes, and that the ministry and the Prosecutor General of Ukraine were collecting evidence, including attacks on kindergartens and orphanages, which would be "immediately transfer[red]" to the ICC.[112] On 26 February, Ukrainian prime minister Denys Shmyhal said that Russia was committing war crimes.[113]

During a debate in the House of Commons on 24 February, UK Prime Minister Boris Johnson said that "anyone who sends a Russian into battle to kill innocent Ukrainians" could face charges, comparing Putin to Slobodan Milošević. Johnson also expressed support for the formation of an international tribunal to try the perpetrators of war crimes committed during the war. Chris Bryant, a MP for the opposition Labour Party, said that Putin "must be brought to a court of law and end his days in prison".[114]

On 15 March, the United States Senate unanimously declared Russian president Vladimir Putin to be a war criminal.[115] The next day, U.S. President Joe Biden called Putin a war criminal, and a day later U.S. Secretary of State Antony Blinken stated that in his personal opinion, he agreed that war crimes had been committed in Ukraine. He stated, "Intentionally targeting civilians is a war crime." However, Blinken said the State Department had not officially labelled Putin's actions as war crimes, pending further investigation.[116]

See also

References

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  1. ^ "Ukraine war: Pregnant woman and baby die after hospital shelled". BBC News. 14 March 2022. Archived from the original on 14 March 2022. Retrieved 14 March 2022.
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