Following the full-scale russian invasion of Ukraine on February, 24, 2022, Civil Network OPORA, as a non-governmental organization with significant background in observation of the election process in Ukraine and recording of electoral fraud, using its best practices to ensure the inescapable nature of punishment, has focused efforts to facilitate proper documentation of international crimes by creating a web resource https://russiancrime.org.

The purpose of gathering information on international crimes committed during this international conflict is to further transfer it to national and international investigative and justice authorities. Taking into account the purpose of collecting this information and the content of the consent form, the report does not indicate the personal data of the affected persons or reporters. 

During the period from March, 25 to May, 31, 2022, 32 reports were registered through the website https://russiancrime.org, which may testify, inter alia, on the use of prohibited weapons, murder (death threat), harm to the health of civilians, forced displacement and disappearance of people, destruction and appropriation of property, rape, and others.

The vast majority of these reports have the characteristics of a criminal offense under Art. 438 of the Criminal Code of Ukraine (Violation of the laws and customs of war), which requires recourse to the provisions of international humanitarian law. Therefore, the report proposes a qualification of possible violations of the provisions of international humanitarian law and international criminal law.

Description of the crime reports

CR-1. On March, 25, 2022, it was reported that in village N of Kyiv region, a family is held hostage, one of the family members was wounded in the leg. This report also referred to the shooting of all animals and the theft of a car with a trailer.

CR-2-3. On March, 26, 2022, it was reported that the occupiers committed a number of illegal actions in village N of Nizhyn district of Chernihiv region, including rape of underage girls, aged 14-15 years, forced servitude, cutting livestock, placing military equipment among civilian infrastructure (arrangement of trenches for military equipment on a private land plot). In addition to these facts, in this locality, according to another report dated March, 30, 2022, it was also noted that an apartment building was mined, which second floor was destroyed as a result of shelling. The shooting of a civilian person and the detention of 40 men were also reported. 

CR-4. It was reported that on March, 14, 2022, russians detained two citizens of Ukraine at a checkpoint near the city of N in Zaporizhzhya region, one of whom was released for ransom. 

CR-5. It was reported about the artillery shelling at a 9-storey apartment building in the city of N, Luhansk region, on March, 13, 2022; as a result, several apartments in one of the entrance units burned out. The report also indicates possible casualties among the people who were staying in the house at the time.

CR-6. On March, 28, 2022, mass shootings of people were reported in village N of Berdyansk district, Zaporizhzhya region.

CR-7. In a report dated April, 3, 2022, it is indicated that in the temporarily occupied city of N, Zaporizhzhya region, volunteers helping civilians leave the city have been abducted. Also, during the rallies in the city, about 30 people were abducted. The further fate of the abducted civilians is unknown. In addition, an evacuation convoy came under fire when leaving the city.

CR-8. The report dated April, 5, 2022 states that in the village N of the Sumy region, there was a shelling of the civilian population, as well as of residential buildings. One shelling at 13:30 came from a large-caliber weapon, but in general the shelling was carried out at intervals of one hour, from the border checkpoint near the village N. As a result of the shelling, the electricity supply disappeared.

CR-9. In the report dated April, 11, 2022 (the date of the event is indicated on April, 10, 2022), it is indicated that in the city of N of Zaporizhzhya region, the occupiers provide buses for evacuation. The population is informed that the evacuation is carried out to Ukraine, but in fact, people have their passports taken away, they are forcibly moved to the temporarily occupied Autonomous Republic of Crimea and issued passports of the russian rederation. It is also reported that the occupation authorities have formed a so-called Taurida province (from Berdyansk to the city of Polohy).

CR-10. In a report dated April, 12, 2022, it was informed that a former son-in-law who is a lieutenant of an air town in the city of N, calls and threatens to punish the entire family. 

CR-11. The report dated April, 17, 2022 says that the military of the russian federation in the village N of Vysokopillia village community of Beryslav district of Kherson region came to the victim's home and took away his car.

CR-12. The report dated April, 20, 2022 refers to information from neighboring eyewitnesses and tells about the abduction of a man who served in the anti-terrorist operation zone. It says that on April, 19, 2022, the occupying forces broke into the house where the man lived, put a bag on his head, and abducted him. The headline of the report also states that the list of persons was handed over by the head of territorial defense unit.

CR-13. In the report dated April, 26, 2022, with reference to information from the victim's wife, it is stated that the man was abducted together with documents by the members of the military of the russian federation, at a checkpoint in one of the neighbourhoods of the city of N on April, 25, 2022.

CR-14-15. Two similar reports were received on April, 27, 2022 from the city of N in Zaporizhzhya region, which describe a series of events. Firstly, it is stated that the person witnessed the flight of missiles from the settlement of N in Kherson region heading in the direction of Odesa, Zaporizhzhya, and Mykolaiv. Secondly, it is stated about the "recruitment" of the local population in order to identify persons involved in a separate special-purpose detachment "Azov", or participants in the anti-terrorist operation, as well as to incline them "to their side". Thirdly, it is alleged that the wiretapping of the citizens is carried out on an ongoing basis. Fourthly, it was reported that the staff of the polyclinic of the city of N in Zaporizhzhia region were forced to conclude contracts with the russian federation. Fifthly, cases of looting and kidnapping of civilians were mentioned.

CR-16. The message dated April, 28, 2022 states that representatives of the russian army in the city of N in Donetsk region demanded a ransom for a captive member of Ukrainian military. A phone call demanding to personally hand over $7,000 was received by the mother of a prisoner of war. As the initial term of payment, it was first announced the same day until the evening, but during the conversation it was extended to 2 or 3 days. Also, the mother was given the opportunity to talk to the prisoner of war, who reported that he was alive, but it was difficult for him to even say anything. The place of transfer of the ransom was not notified. In addition to the content of the message and the mother's contact phone numbers, no other evidence was provided.

CR-17. It was reported that a minor was raped on April, 15, 2022 in village N of Zaporizhzhya region. According to the information provided, the minor boy was on his way home from the store, after which 3 shots were fired and he was raped in front of his mother. As a result of bullying, the boy did not survive. As evidence, written testimony (the content of the message) and contacts of the parents were provided.

CR-18. It has been reported that on the occupied territory, in the center of the village N of the Novotroitsky community of the Genichesk district of Kherson region, on May, 1, 2022, a citizen of Ukraine removed the russian flag; as a result, on May, 4, 2022, russians broke into his private house and threatened to kill his family members.

CR-19. On May, 4, 2022, there was a report of torture and murder of a military serviceman in Chernihiv region. The deceased's palm was white in color, as if after a burn, and his arm was broken, small bones were staying near the body, fingers were shot through as a sieve, all legs shot through, all bruised, a shot in the heart, the head was black, as if he was beaten with a gun-butt on the head. The deceased man's body lay for about a month near the church where he was tortured.

CR-20. On the morning of May, 5, 2022, in a village N of Melitopol district, Zaporizhzhya region, the occupiers beat two farmers and took them to an unknown direction, as well as took away farming equipment.

CR-21. On May, 5, 2022, it was reported that in the village N of Snihurivskyi district of Mykolaiv region, after the offensive of March 12, 2022 by russian troops, a local hunter went missing when defending the village. On April, 28, 2022, he was found dead, and his body was found with a shot through his chest, a broken neck, cut off fingers of his left hand, and he had no eyes, nose, and ears.

CR-22. On May, 5, 2022, it was reported about intimidation and beating by the rf military of the family members of persons who on April, 30, 2022, removed the flag of the rf near the village council of the village N of the Novotroitsky community of the Genichesk district, in order to establish their location. In search of the said persons, the russian military have been assisted by the headman of the village N, as well as by some local residents.

CR-23. It was reported that on April, 23, 2022, a citizen of Ukraine was abducted by armed men in a township N of Kharkiv region. According to unconfirmed information, he is being held in the occupied part of Kharkiv region in the city of Vovchansk (filtration camp at the machine building plant). It also states that many captured civilians are being held there.

CR-24. Mass abduction was reported on May, 5 and May, 6, 2022 in the local market in the township N of Genichesk district of Kherson region. The rf military, who came in a stolen school bus, beat and robbed people and then took along with them about 25 civilians. It has been highlighted that this was not the first time it was happening but the previous cases were of a smaller scale. It has also been noted that russians obstruct the supply of food and medicines for the civilian population, impede the exit from the occupied territory, forcibly detain people, as well as commit repressions against the local population, mainly against former members of the military, in particular those who served in the ATO or JFO area. In addition, the male population between the ages of 18 and 60 years have been forcibly moved (deported) or taken to the armed formations of rf.

CR-25. On April, 28, 2022, russian occupiers on the way from the village N of Vovchansky district of Kharkiv region, on the road towards the township N of Vovchansky district of Kharkiv region, stopped the car and began to check the documents, they ordered to turn on mobile phones and took them away. People were forced to turn back and they were told they would be able to take the phones back later, to collect them from the village head. The report also states that on April, 21, 2022, the occupiers shot at a private house of one of the residents of village N because he refused to give them sheep, and they believed that he was transferring data to Ukrainian defenders.

CR-26. On May, 7, 2022, it was reported that in the city of N, the russian military abducted a former serviceman of the Azov regiment, from his place of residence, and took him to the city of Donetsk, where he is held in prison. In addition, it says that he was tortured, and approximately from May, 8 to May, 10, 2022, he should be tried on charges of terrorism. He is threatened with life imprisonment or execution.

CR-27. In a report dated May, 8, 2022, it was informed that on April, 29, 2022, a woman was abducted in the village N of Vysokopillia amalgamated Territorial Community of Beryslav District of Kherson Oblast; she was abducted by two armed persons in military uniforms who came and ordered to follow them to the car, after which the communication with the victim was lost.

CR-28. In the report dated May, 9, 2022, according to the mother, her adult son from the village of N in Donetsk region was detained during the "filtration" procedure when he and his minor children tried to leave. It is indicated that the reason for this was his prior experience as a serviceman in the past. Despite the presentation of documents certifying the status of paternity, the man was called a "terrorist who was under the cover of children" and sent to the Donetsk detention center, and the children were sent to a guardian in the city of Novoazovsk (at the time of the report, it was stated that they were staying in a hospital and were subject to press-ganging). 

CR-29. The report dated May, 10, 2022 states that at about 8:30 am, in the village N of Bilozerskyi district of Kherson region, russian servicemen who control the village came to the house of the author's daughter, who lives with her family, and took away mobile phones under the pretext of checking. It is also indicated that they entered other houses, shot in the ceiling, took away mobile phones, and also jewelry from some people. However, within a few hours, the phones were returned and they said that the appropriate order had been given by a russian officer.

CR-30. The report sent on May, 19, 2022, says that on May, 16, 2022, armed representatives of the russian occupation authorities arrived at one of the health centers in the city of N of Zaporizhzhya region and demanded to open the center. In response to the refusal, owners were threatened with dismissal of staff and change of leadership.

CR-31. Two reports sent on May, 19, 2022, say that the information was delivered by phone about the forced detention of a man and his sons in the basement of the city of N in Donetsk region, who were also forced by the russians to do some work – to clean up the territories, and to bury the dead. In the basement, people stay in inhuman conditions: on a dirty cold floor, small portions of food are distributed only after the work is done, they are not given any opportunity to contact anyone.

CR-32. A report dated May, 21, 2022 indicates that a convoy of two civilian vehicles (an evacuation convoy) came under fire, resulting in the death of the NGO volunteer who led the convoy. On May, 15, 2022, the column was moving from the occupied territory of Kherson region towards the government-controlled territory of Ukraine. After undergoing inspections and searches at the checkpoint, moving at an average speed of 30-50 km/h after about 20 minutes, a column of civilian vehicles, one of which was equipped with the "CHILDREN" pictogram, came under fire. After the launch of the signal rockets, machine gun spurts started, a volunteer of the NGO was shot in the head, and his sister suffered head injuries with shrapnel. One person ran out of the car shouting "we are civilians", after which russian servicemen came out of the wood line and said: "I shot at the wheels," "what would you expect – it's the war," "we have an order to shoot all those who go down this road." At the next roadblock, russian servicemen said that they were unaware of any such order, and since the communication does not work further than 5 km, they were unable to warn the snipers in the wood lines.

Nature of Offence under IHL and ICL

Murder, causing harm to the health of civilians (in particular, in CR-1, CR-2-3, CR-6, CR-7, CR-20, CR-22, CR-24, CR-26, CR-31, CR-32). According to Part 1 of Article 3 of the Convention relative to the Protection of Civilian Persons in Time of War, violence to life and person, in particular murder of all kinds, mutilation, cruel treatment, and torture shall remain prohibited at any time and in any place whatsoever with respect to persons taking no active part in the hostilities. Also, according to Part 2 of Art. 75 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977, the following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: violence to the life, health, or physical or mental well-being of civilians under the authority of a party to the conflict, in particular  murder, corporal punishment, detention in inhumane conditions, restrictions on access to food, medicine, etc.

In this case, there may be signs of war crimes provided for in subparagraphs i), ii), iii) of paragraph a), subparagraphs i), iv), xxv) of paragraph b) of Art. 8 of the Rome Statute.

Deliberately creating living conditions that deny access to food and medicines aimed at destroying part of the population (in particular, CR-24) can qualify as a crime against humanity in the form of extermination (paragraph b) of Part 2 of Art. 7 of the Rome Statute). 

Some reports mentioned the shooting of evacuation columns (in particular, in CR-7, CR-32). It should be noted that the rules of international humanitarian law do not contain definitions of so-called "green", "evacuation" or "humanitarian corridors", which mainly declare for the unimpeded withdrawal of civilians or wounded military personnel from the area of hostilities to safer territories or to counteract a humanitarian disaster. Given the lack of clear legal regulation of these "corridors" in international humanitarian law, the latter encourages agreements on such "corridors" between the parties to the conflict, and mainly protects the civilian population and civilian objects in any situations, including during their withdrawal from the zone of fire attacks through these "corridors," and strictly prohibits attacks on them. In fact, the principle of protection of civilians and civilian objects is one of the main principles of IHL, along with the protection of war victims, observance of the distinction between combatants and non-combatants, inadmissibility of discrimination against a person, respect for human rights, criminal responsibility for violations of the principles and provisions of international humanitarian law, humanity, military necessity, etc. The protection of IHL extends to both an individual and an object that is civilian and not used for military purposes.

Thus, in this case, there may be signs of several war crimes provided for in subparagraphs i), iii), iv) of paragraph a) and subparagraphs i), iv) of paragraph b) of Part 2 of Art. 8 of the Rome Statute.

Threat to commit murder (threat of shooting) (in particular, in CR-10, CR-18, CR-22). In paragraph e) of Part 2 of Art. 75 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977, provides that threats to commit any of the acts provided for in Part 2 of Art. 75, including murder and other forms of violence against the life, health, or physical or mental condition of persons, whether committed by civil or military agents. Such actions may be considered cruel treatment, which is prohibited and will remain prohibited at any time and anywhere against persons who do not take an active part in hostilities in accordance with Part 1 of Art. 3 of the Convention relative to the Protection of Civilian Persons in Time of War.

Such actions may contain the elements of war crimes and crimes against humanity in the forms provided for in subparagraphs ii), iii) of subparagraph a), subparagraph i), xi), paragraph b) of Part 2 of Art. 8 and paragraph h) and paragraph k) of Part 1 of Art. 7 of the Rome Statute.

Murder and torture (torture) of prisoners of war (in particular, CR-19, CR-21). Such cases violate Art. 13 of the Geneva Convention relative to the Treatment of Prisoners of War, of August 12, 1949, Part 2, Art. 75 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977. 

Article 13 of the Geneva Convention relative to the Treatment of Prisoners of War provides that prisoners of war must at all times be humanely treated. Any  unlawful  act  or  omission by a Detaining Power causing death or seriously endangering the health of a prisoner of war in  its custody is prohibited  and  will be  regarded as a serious breach of this Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental, or hospital treatment of the prisoner of war concerned and are not carried out in his interests. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation, and against insults and public curiosity. Measures of reprisals against prisoners of war are prohibited.

In addition, according to Part 3 of Art. 17 of the Geneva Convention relative to the Treatment of Prisoners of War, no physical or mental torture, nor any other form of coercion may be inflicted on prisoners of war to secure from them information of any kind whatever.  

Also in paragraph a) of Part 2 of Art. 75 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977, provides that violence against the life,  health, or physical or mental well-being of persons, in particular murder, torture of all kinds, corporal punishment, mutilation, is and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or military agents.

Violations of these rules of IHL have the characteristics of a war crime in the form of murder or wounding a combatant who, having laid down his arms or no longer having the means of protection, unreservedly surrendered, as provided for in subparagraph vi) of paragraph b) of Part 2 of Art. 8 of the Rome Statute.

Prisoners of war also have the right to a fair and normal trial, that is why, depriving them of their life extrajudicially without observing the standards of legal proceedings established by IHL (CR-26) constitutes a war crime in accordance with subparagraph vi) of paragraph a) of Part 2 of Art. 8 of the Rome Statute, and in the case of extrajudicial execution, it may also qualify as premeditated murder.

The qualification of cases of forced deprivation of liberty (in particular, CR-26, CR-27, CR-28) of a person may differ depending on the status of the person (civilian, prisoner of war) and the purpose of the person's execution. The latter may have the following elements:

  • military captivity (which in itself does not constitute a crime if a person falls under the status of a prisoner of war in accordance with the Geneva Convention relative to the Treatment of Prisoners of War of 12.08.1949 and the Fourth Convention on the Laws and Customs of War on Land and its Annex: Regulations on the Laws and Customs of War on Land of 18.10.1907);
  • internment or compelled settlement in a certain territory (in itself does not constitute a crime, but must be carried out in compliance with the requirements, in particular, of Section II of the Geneva Convention relative to the Treatment of Prisoners of War of 12.08.1949 and Section IV of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12.08.1949, depending on the status of the person);
  • be a form of criminal or disciplinary sanctions (in itself does not constitute a crime, but must be carried out in compliance  with the requirements of, in particular, Chapter III of Section VI of the Geneva Convention relative to the Treatment of Prisoners of War of 12.08.1949 and Chapter IX of Section IV of the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12.08.1949, depending on the status of the person, and in the presence of signs of deprivation of a prisoner of war or other person under protection, the right to a fair and normal trial will constitute a war crime in accordance with subparagraph vi) of paragraph a) of Part 2 of Art. 8 of the Rome Statute);
  • taking as hostages of the civilian population (constituting a war crime under subparagraph viii) of paragraph b) of Part 2 of Art. 8 of the Rome Statute);
  • deportation (constituting a war crime under subparagraph viii) of paragraph b) of Part 2 of Art. 8 of the Rome Statute, or a crime against humanity provided for in paragraph d) of Part 1 of Art. 7 of the Rome Statute.

Taking of hostage of the civilian population (in particular in CR-1, CR-2-3, CR-4, CR-7, CR-12, CR-13, CR-14-15). According to Part 1 of Article 3 of the Convention for the Protection of Civilian Persons in Time of War, violence to life and person, in particular hostage-taking, are prohibited and will remain prohibited at any time and in any place whatsoever such acts against persons taking no active part in the hostilities, and in Art. 34 is expressly stated – the taking of hostage is prohibited.

Also in paragraph a) of Part 2 of Art. 75 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977, provides that the taking of hostages is prohibited and will remain prohibited at any time and in any place whatsoever, whether committed by civilian or military agents.

Taking hostage constitutes a war crime under subparagraph viii) of paragraph b) of Part 2 of Art. 8 of the Rome Statute.

It is worth noting that forced servitude of the civilian population can be considered as a form of enslavement (in particular, in CR-17, CR-31). In this regard, it is worth noting that article 8, paragraphs 1 and 2, of the International Covenant on Civil and Political Rights, which provide for the prohibition of slavery, the slave trade, and servitude, are absolute commitments, that is, those from which State Parties cannot derogate even in the context of an international armed conflict. Such actions may have the elements of enslavement provided for in paragraph c) of Part 1 of Art. 7 of the Rome Statute and constitute a form of inhuman treatment.

In addition, cases of systematic, mass detention of people and their removal in an unknown direction may contain elements of "enforced disappearance of people" (in particular, CR-23, CR-24), which is understood by the Rome Statute as the arrest, detention or abduction of persons by, or with authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom, or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time. The multiple, systematic and massive nature of killings, torture, forced displacement and disappearances may indicate the implementation of a targeted policy against the local population and qualify as an “attack directed against any civilian population” (in particular CR-24). These components belong to crimes against humanity, the responsibility for which is provided for in Part 1 of Art. 7 of the Rome Statute.

Forced displacement (in particular in CR-9, CR-24, CR-28). Art. 42 of the Convention relative to the Protection of Civilian Persons in Time of War indicates that an order for internment or forced eviction of protected persons may be issued only when absolutely necessary to ensure the security of the Detaining State. Also in Art. 49 it is prohibited, regardless of their motive, to carry out individual or mass forcible transfers or deportation of protected persons from the occupied territory to the territory of the Occupying Power, or to that of another country, occupied or not (nevertheless, the Occupying Power may undertake total or partial evacuation of the given area if the security of the population or imperative military reasons so demand).

Under customary international humanitarian law, it is forbidden to deport or forcibly transfer, in whole or in part, the civilian population of the occupied territory, unless the safety of the civilian population or imperative military reasons so demand (relevant restrictions are provided for in rules 129, 131, 132 of customary international humanitarian law).

Such actions may contain the elements of a war crime under subparagraph viii) of paragraph b) of Part 2 of Art. 8 of the Rome Statute, namely the transfer, directly or indirectly, by the Occupying Power of part of its own civilian population into the territory it occupies or the deportation or transfer of all or part of the population of the occupied territory within or outside that territory.

It should also be noted that in accordance with paragraph d) of Part 2 of Art. 7 of the Rome Statute, "deportation or forcible transfer of population" means the forced displacement of the persons concerned, by expulsion or other coercive acts in the area in which they are lawfully present, without grounds permitted under international law. In the presence of these elements of forcible displacement of the population, there may be components of a crime against humanity, as provided for in paragraph d) of Part 1 of Art. 7 of the Rome Statute.

Use of prohibited weapons (in particular, in CR-2-3, CR-5, CR-8). In CR-8, there may be the use of weapons of indiscriminate effect that are prohibited under the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects. Under such conditions, there will be signs of a war crime under subparagraph xx) of paragraph b) of Part 2 of Art. 8 of the Rome Statute, namely the use of weapons, ammunition and materials, as well as methods of warfare of a nature that cause superfluous injury or unnecessary suffering or that are inherently indiscriminate in violation of the rules of international law of armed conflict, provided that such weapons, such ammunition, materials and methods of warfare are subject to an all-encompassing prohibition.

With account for this, such actions have the characteristics of a war crime provided for in subparagraph xx) of paragraph b) of Part 2 of Art. 8 of the Rome Statute, namely the use of weapons, ammunition and materials, as well as methods of warfare of a nature that cause superfluous injury or unnecessary suffering or that are inherently indiscriminate in violation of the rules of international law of armed conflict, provided that such weapons, such ammunition, materials and methods of warfare are subject to an all-encompassing prohibition.

The demand for ransom for a prisoner of war (in particular, in CR-16). According to Part 1 of Article 12 of the Geneva Convention relative to the Treatment of Prisoners of War, prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them. According to Art. 13 of the same Convention, prisoners of war must at all times be humanely treated, and Art. 15 provides that the Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. In general, the actions described in the report show signs of a gross violation of the treatment of prisoners of war provided for in the Geneva Convention relative to the Treatment of Prisoners of War. 

The actions described in CR-16 may have signs of war crimes, such as taking hostages, provided for in subparagraph viii) of paragraph a) of Part 2 of Art. 8  of the Rome Statute, an attack on human dignity, in particular humiliating and degrading treatment, provided for in subparagraph xxi) of paragraph b) of Part 2 of Art. 8  of the Rome Statute,  torture or inhuman treatment provided for in subparagraph ii) of paragraph a) of Part 2 of Art. 8 of the Rome Statute.

Rape (in particular in CR-2-3, CR-17). Cases of rape violate, in particular, Art. 3 of the Convention relative to the Protection of Civilian Persons in Time of War. 75 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977.  Depending on the nature of the offense, such actions may qualify as a war crime under subparagraph xxii) of paragraph b) of Part 2 of Art. 8 of the Rome Statute or a crime against humanity under paragraph g) of Part 1 of Art. 7 of the Rome Statute.

With regard to rape of minors (in particular, CR-2-3, CR-17), it should be noted that children are the object of special protection during armed conflicts. According to Part 1 of art. 77 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977, children are accorded special respect and protection against  any form of indecent assault. Such actions are also a form of cruel treatment, which is prohibited and will remain prohibited at any time and in any place against persons who do not take an active part in hostilities in accordance with Part 1 of Art. 3 of the Convention relative to the Protection of Civilian Persons in Time of War.

Cases of rape of minors that resulted in the death of the victim (in particular, in CR-17), have signs of such war crimes or crimes against humanity (depending on the nature of the offense) as:

- murder, sub-paragraph i) of paragraph b) of Part 2 of Art. 8 of the Rome Statute or paragraph a) of Part 1 of Art. 7 of the Rome Statute.

- torture, intentional infliction of severe suffering, subparagraphs ii), iii) of paragraph b) of Part 2 of Art. 8 of the Rome Statute or paragraph f) of Part 1 of Art. 7 of the Rome Statute.

- rape or any other form of sexual violence of similar severity, subparagraph xxii) paragraph b) of Part 2 of Art. 8 of the Rome Statute or paragraph f) of Part 1 of Art. 7 of the Rome Statute.

In the case of rape of persons in front of the eyes of close persons (in particular, in CR-17), this may be considered a violation of human dignity, in particular, humiliating and degrading treatment, which is prohibited and will remain prohibited at any time and in any place in relation to persons who do not actively participate in hostilities in accordance with Part 1 of Art. 3 of the Convention relative to the Protection of Civilian Persons in Time of War. Therefore, such actions may additionally have the characteristics of a war crime in the form of intentional infliction of severe suffering, provided for in subparagraph iii) of paragraph b) of Part 2 of Art. 8 of the Rome Statute.

Destruction and appropriation of property (which is not due to military necessity) (in particular, in CR-1, CR-5, CR-8, CR-11, CR-14-15, CR-20, CR-24, CR-25, CR-29). According to Art. 53 of the Convention relative to the Protection of Civilian Persons in Time of War, prohibits any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, except where such destruction is rendered absolutely necessary by military operations. System-oriented analysis of Art. 146 and 147 of the same Convention allows us to conclude that the High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches, such as extensive destruction and appropriation of property, not justified by military necessity, and carried out unlawfully and wantonly.

Shooting animals may qualify as illegal destruction of movable property, and cutting livestock, in addition, may also be considered as unlawful appropriation of property (CR-1, CR-2-3). The latter may also include the facts of what is often called "looting" among the general public.

Such actions may contain the elements of a war crime under subparagraph iv) of paragraph a) of Part 2 of Art. 8 of the Rome Statute, namely the unlawful, wanton and extensive destruction and appropriation of property, not caused by military necessity.

Forcible conclusion of employment contracts, recruitment of persons and implementation of control (security) measures unjustified by military necessity (in particular, in CR-14-15). Forcible conclusion of contracts, "recruitment" of persons and persuading them "to their side" – Part 2 of Art. 51 of the Convention relative to the Protection of Civilian Persons in Time of War provides for the possibility for an Occupying Power to compel to work protected persons only when they have reached the age of 18, and only on work which is necessary for the needs of the army of occupation, or to adequately provide the population of the occupied country with public utility services, or for the feeding, sheltering, clothing, transportation, and medical services. At the same time, according to Part 4 of Art. 51 of the Convention for the Protection of Civilian Persons in Time of War, protected persons may not be compelled to undertake any work which would involve them in the organizations of military or paramilitary nature (in particular, CR-24), and Part 1 of Art. 52 provides that no contract, agreement, or regulation shall impair the right of any worker, whether voluntary or not, and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention. According to Part 2 of Article 52, all measures aiming at creating unemployment or restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the occupying Power (in particular CR-30), are prohibited. Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power constitutes a war crime under subparagraph v) of paragraph a) of Part 2 of Art. 8 of the Rome Statute.

With regard to the conscription or enlistment of children (in particular CR-28), children under the age of fifteen are under special protection in accordance with the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12.08.1949 (in particular Art. 14, 23, 24, 50, 89, etc.). Conscription or enlistment of children under the age of fifteen years into the national armed forces or their use for active participation in hostilities constitutes a war crime under subparagraph xxvi) of paragraph b) of Part 2 of Art. 8 of the Rome Statute.

With regard to conscription, a war crime will be the conscription or enlistment of children under the age of fifteen into the national armed forces or their use for active participation in hostilities, in accordance with subparagraph xxvi) of paragraph b) of Part 2 of Art. 8 of the Rome Statute.

It should be noted that in accordance with Part 4 of Art. 27 of the Convention relative to the Protection of Civilian Persons in Time of War, the parties to the conflict shall apply to the protected persons such controls or security measures as will be deemed necessary in the conduct of the war. The wiretapping of the civilian population, which is not justified by this need, violates the provisions of international humanitarian law.

Treatment of the dead persons during an international armed conflict (in particular in CR-19). In accordance with the provisions of customary international humanitarian law: 

  • in all cases where circumstances permit, especially after the battle, each party to the conflict shall immediately take all possible measures to search for, pick up and evacuate the dead without any discrimination;
  • each party to the conflict should take all possible measures to prevent the robbery of the dead;
  • it is forbidden to mock the bodies of the dead;
  • the parties to the conflict shall facilitate in every possible way the return of the remains of the dead at the request of the party to which they belong or at the request of the relatives of the dead. Personal effects belonging to the dead are also subject to return;
  • the dead must be buried with dignity, and their graves must be treated with respect and kept in good condition;
  • in order to identify the remains of the dead, each party to the conflict must register all available information before burial and mark the locations of the graves.

In addition, the requirements for the burial of certain categories of persons and the treatment of the dead are contained in the 1949 Geneva Conventions for the Protection of War Victims (I – Art. 17, II – Art. 20, III – Art. 120, IV – Art. 130), as well as in Art. 75 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), of 8 June 1977. 

Thus, leaving the corpses of the killed persons in the streets would violate, inter alia, the provisions of international humanitarian law regarding the need for their dignified burial. Despite possible violations of international humanitarian law, the Rome Statute does not contain the appropriate elements of an international criminal offense.

List of abbreviations and sources