In July 2025, forty-one OSCE participating States, in cooperation with Ukraine, invoked the OSCE Moscow Mechanism to examine the treatment of Ukrainian prisoners of war (POWs) by the Russian Federation. This activation reaffirmed the mechanism’s continuing importance as an instrument for addressing serious violations of international law. Embedded within the OSCE framework, the Moscow Mechanism allows participating States to establish independent expert missions and task them to assist in the resolution of a specific human dimension problem on their own territory or in other OSCE participating States. Since the outbreak of Russia’s full-scale war of aggression against Ukraine in February 2022, the mechanism has been invoked five times in relation to the conflict, reflecting widespread international concern over Russia’s conduct. Posts about the previous reports can be found on EJILTalk here, here and here. The 2025 expert mission specifically focused on Ukrainian POWs and soldiers hors de combat. The mission presented its report to the OSCE Permanent Council on 25 September 2025 and the report became public on the same day (see here).
Mandate, Methodology and the Facts
The mission’s primary task was to investigate the treatment of Ukrainian POWs and soldiers hors de combat by the Russian Federation, focusing on establishing the facts and circumstances surrounding possible violations of international law, especially international humanitarian law (IHL) and international human rights law (IHRL). The mandate extended to collecting, consolidating, and analysing information to identify patterns of widespread or systematic torture, ill-treatment, and executions of Ukrainian POWs and soldiers hors de combat, both on the territory of the Russian Federation and in temporarily occupied areas of Ukraine, and to provide recommendations on accountability mechanisms.
The experts based their findings on a range of sources, including official documents from States and international organizations, reports from the OHCHR and ODIHR, materials provided by Ukrainian authorities and non-governmental organizations, as well as testimonies and interviews with recently released POWs. Open-source materials – such as satellite imagery, drone footage, and videos posted online – were also analysed to corroborate claims and verify events. The mission operated under a particularly constrained timeframe, having only three weeks from the appointment of the experts to the completion of the report. The mission was nevertheless able to visit Ukraine from 25 to 30 August 2025 and conduct interviews in person.
Ukraine cooperated fully with the mission, whereas the Russian Federation declined to engage, preventing direct assessment of conditions, verification of prisoner numbers, or independent inspection. Despite these constraints, the mission was able to consolidate credible evidence demonstrating the systematic nature of violations of IHL and IHRL.
Available estimates indicate that, as of August 2025, between 6,000 and 7,000 Ukrainian soldiers remain in Russian captivity. More than half are detained in temporarily occupied territories, particularly in the Donetsk and Luhansk regions, while the remainder are held in detention centres across various regions of the Russian Federation. Ukrainian authorities have identified a total of 222 detention sites, where POWs may be held alongside civilians or common criminals. Since February 2022, at least 13,500 Ukrainian soldiers have been detained in such conditions, of whom approximately 169 have died in captivity, and around 6,800 have been released through prisoner exchanges.
Recognition of POW Status
Respect for the protections afforded by POW status presupposes that certain categories of persons hors de combat are recognized as such under the Geneva Convention relative to the Treatment of Prisoners of War (GCIII) and Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (API). The mission found that the Russian Federation consistently fails to recognize POW status for most Ukrainian soldiers. Instead, Russian authorities classify them as persons detained for countering the special military operation, a designation also applied to detained Ukrainian civilians. This qualification creates confusion between categories of protected persons under IHL, undermining the distinction between POWs and civilians and exposing captured soldiers to criminal prosecution for mere participation in hostilities.
Beyond this general denial, the Russian authorities appear to pursue a deliberate policy of stripping POW protections from specific groups, particularly foreign volunteers labelled as mercenaries and entire Ukrainian units (such as the Azov Regiment or the Aidar battalion) designated as terrorist organizations. Members of these groups get prosecuted under the Russian Criminal Code, usually for mercenary activity or terrorism. These prosecutions, increasingly observed since 2024, concern acts that, in practice, usually constitute lawful conduct of warfare, thereby violating the principle of combatant immunity. Moreover, the mission found little evidence that the Russian Federation has established competent tribunals to determine POW status in cases of doubt, as required under Article 5(2) of GCIII.
Main Findings of the Report
The main findings reached by the mission concern four serious violations of IHL and IHRL committed against Ukrainian POWs by the Russian Federation. These are: arbitrary killings, torture and other forms of mistreatment, inhumane conditions of detention, and the denial of the right to a fair trial. Regrettably, the mission can confirm that all of these violations do indeed occur and that they are of a widespread and systematic nature.
The mission documented extensive evidence of arbitrary killings of Ukrainian POWs and soldiers hors de combat, both on the battlefield and in detention. On the battlefield, dozens of Ukrainian soldiers have been summarily executed while surrendering or after surrendering. Evidence, although difficult to obtain, was corroborated through eyewitness accounts, forensic examinations, intercepted communications, satellite and drone imagery, and videos posted online. These acts appear to have increased since 2024. Arbitrary killings also occur in detention facilities, where at least 167 Ukrainian POWs have died so far due to acts or omissions of camp administrations, deliberate neglect of medical needs, denial of food or water, and exposure to life-threatening conditions and Russian state agents conducting interrogations. The repeated occurrence of such killings on the battlefield and across multiple detention sites indicates a widespread and systematic policy targeting Ukrainian POWs and soldiers who oppose Russian military presence. Moreover, these acts have been accompanied, and likely incited, by public statements from certain Russian officials openly calling for the denial of quarter and the killing of all Ukrainian POWs.
The mission also found credible evidence of widespread and systematic torture and ill-treatment, encompassing severe physical beatings, electrocution, excessively intense physical exercise, stress positions, dog attacks, mock executions, and threats of sexual violence, including rape, castration, and coerced sexual acts. Psychological intimidation and humiliation were pervasive. Testimonies from released POWs indicate that 89.4 percent experienced some form of ill-treatment, of which 63.8 percent reported physical violence, 55.2 percent psychological violence, and 42.9 percent sexual violence. Despite the absolute prohibition of torture under international law and its recognition as a war crime, evidence indicates that Ukrainian POWs have been subjected to severe abuse at every stage of captivity: during capture, upon arrival at detention facilities (“welcome beatings” – приёмка), throughout internment, and during interrogations to extract confessions. Torture is, again, not limited to isolated facilities but occurs systematically across detention centers and penal colonies in Russia and the temporarily occupied territories, reflecting a practice directed, sanctioned, or tolerated by central authorities.
Conditions in most detention sites fall far short of international standards prescribed by the GCIII and IHRL. Overcrowding, unsanitary conditions, inadequate food, water, shelter, heating, or ventilation, and restricted access to medical care are pervasive. Wounded POWs often die during transport or remain untreated, sometimes resulting in permanent disability or death. POWs are frequently held alongside common criminals and civilian detainees, in violation of GCIII. They are subjected to forced labour under unsafe conditions, deprived of personal property, and compelled to participate in propaganda videos or humiliating acts. Forced and repeated transfers exacerbate physical and psychological suffering. Medical neglect is widespread, with POWs deliberately exposed to contagious diseases such as tuberculosis, denied timely treatment for injuries, or left without care for chronic conditions. Moreover, POWs are routinely denied the right to communicate with their families. When communication occurs, it is often controlled and pre-scripted to convey a positive image of captivity. The Russian National Information Bureau (NIB) does not operate transparently, and ICRC access is limited or restricted to selected facilities. All these practices, taken together, constitute deliberate breaches of GCIII and IHRL and may amount to war crimes.
The mission found a systematic denial of fair trial guarantees for Ukrainian POWs. Individuals are prosecuted for actions consistent with lawful combat, including participation in hostilities, yet are routinely denied the basic protections of due process. Reports indicate widespread use of coerced confessions, lack of access to effective legal counsel, opaque and expedited proceedings, and staged “sham trials” often employed for propaganda purposes. POWs frequently face trials that lack independence and impartiality, with outcomes predetermined and designed to serve political or military objectives rather than justice. These practices violate the principle of combatant immunity, the absolute prohibition on coercion, and fundamental guarantees of a fair trial as enshrined under both IHL and IHRL. Such systematic disregard for legal safeguards underscores the ongoing pattern of abuse.
In addition to the four main categories of violations, the mission documented other serious abuses committed against Ukrainian POWs, for instance those concerning the release and repatriation. Seriously ill or wounded POWs, who under GCIII should be prioritized for release, are frequently deprioritized. No mixed medical commissions have been established to oversee or manage the process, and transfers often take place under unsafe and degrading conditions. POWs are transported in overcrowded trucks with hands tied and eyes covered, and hazardous air transport is sometimes used, including in incidents such as the crash of a military aircraft carrying POWs. These practices constitute violations of IHL obligations for humane treatment, respect for human dignity, and safety during transfers, and may amount to war crimes.
The Olenivka penal colony (Volnovakha Correctional Colony No. 120), located in the Donetsk region, in the temporarily occupied territories of Ukraine exemplifies systemic abuse of Ukrainian POWs. The facility, housing both POWs and civilians, has been characterised by overcrowding, unsanitary conditions, inadequate food and medical care, forced labour, and widespread physical and psychological abuse. POWs endure beatings, torture, stress positions, and sexual violence, including during interrogations. In July 2022, explosions destroyed “Barracks 200,” killing 53 POWs and injuring over 100, most from the Azov Regiment, with survivors receiving no medical care and later transported under harsh conditions. Evidence suggests the blasts were likely caused by Russian-fired thermobaric munitions. These incidents illustrate both immediate and ongoing violations of GCIII and the systematic disregard for the lives and dignity of POWs.
Accountability
The mission was also tasked to offer recommendations on relevant accountability mechanisms. The report examines existing mechanisms for ensuring accountability and considers how they can be applied to address violations of international law arising from the treatment of Ukrainian POWs by the Russian Federation. This analysis is structured along three lines of analysis: the responsibility of the Russian Federation as a State, the individual criminal responsibility of perpetrators, and the rights of victims to remedies and reparation.
The mission concluded that the Russian Federation bears State responsibility for numerous violations of IHL and IHRL in its treatment of Ukrainian POWs. Under Common Article 1 of the Geneva Conventions and Article 2 of the ICCPR, the Russian Federation must respect and ensure respect for these bodies of law, including by preventing, halting, and remedying violations committed by its armed forces, State organs, and groups under its effective control. The mission emphasizes that the Russian Federation must not only continue to uphold all applicable rules of IHL and IHRL, but also immediately cease ongoing violations and provide full reparations along with guarantees of non-repetition. While international mechanisms such as the ICJ, the ECtHR (for cases predating 16 September 2022), and UN human rights bodies provide avenues for accountability, Russia’s disengagement and non-cooperation with these institutions significantly undermine the prospects of effective redress.
Individual criminal responsibility arises for war crimes and crimes against humanity. Ukraine has incorporated these crimes into its Criminal Code, including recent amendments introducing crimes against humanity and extending command responsibility. Ukrainian prosecutors have registered tens of thousands of cases, resulting in some convictions. Other States have initiated investigations and prosecutions under the principle of universal jurisdiction, as exemplified by the 2025 conviction in Finland of a Russian fighter for war crimes against a Ukrainian POW. At the international level, Ukraine’s ratification of the Rome Statute enables complementarity with the International Criminal Court (ICC), which is investigating alleged war crimes and crimes against humanity in Ukraine. The mission stresses the importance of the ICC pursuing accountability for abuses against POWs, including executions and torture.
Accountability must also encompass remedies and reparations for victims. International law affirms the right of victims to truth, justice and reparation, including compensation, rehabilitation and guarantees of non-repetition. While existing bodies such as the ICC Trust Fund for Victims or the ECtHR provide limited avenues, a new institutional framework is emerging. The UN General Assembly’s resolution of November 2022 and the subsequent establishment of the Register of Damage for Ukraine in May 2023 mark significant steps toward documenting claims and laying the groundwork for a broader reparation mechanism. The mission stresses that Ukrainian POWs who suffered harm must be included as beneficiaries in any eventual reparations system, ensuring that accountability translates into meaningful justice and redress for victims.
Conclusions
The fifth Moscow Mechanism report related to the Russia’s war of aggression against Ukraine documents widespread and systematic violations of IHL and IHRL by the Russian Federation in its treatment of Ukrainian POWs, including arbitrary killings, torture, ill-treatment, denial of fair trial rights, unsafe detention and transfers, and obstruction of humanitarian access. These violations may constitute war crimes and, in some cases, crimes against humanity. The report underscores the urgent need for accountability at both the state and individual levels, reparations for victims, and continued international monitoring. It reminds the global community that even in war, fundamental principles of humanity and the rule of law must be respected.
The added value of the report lies in its rigorous verification of facts, documenting systematic patterns of abuse that leave no room for denial or claims of ignorance by the Russian Federation and its representatives. By establishing a record of widespread and repeated violations, the report provides a solid evidentiary basis for accountability at both state and individual levels, supporting national prosecutions, universal jurisdiction cases, and investigations by the ICC, while also reinforcing the rights of victims to truth, justice, and reparation. Beyond its legal implications, it should serve as a historical record, informing the international community, policymakers, and the public of the deliberate nature of these abuses, and highlighting the Moscow Mechanism’s critical role in enabling independent scrutiny of serious violations even during ongoing armed conflicts.
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