Practice Relating to Rule 158. Prosecution of War Crimes
Ukraine’s IHL Manual (2004) states:
Criminal prosecution of persons who committed war crimes and other offences in time of a non-international armed conflict shall be done in accordance with Ukraine’s legislation by means of pre-trial investigation and trial.
Ukraine’s Criminal Code (2001) provides for a list of punishable offences such as, inter alia
: “looting” (Article 432); “violence against the civilian population in areas of war operations” (Article 433); “bad treatment of prisoners of war” (Article 434); “unlawful use or misuse of the Red Cross and Red Crescent symbols” (Article 435); “violations of the laws and customs of war”, notably those provided for in international instruments to which Ukraine is a party (Article 438); “use of weapons of mass destruction” (Article 439); “ecocide” (Article 441); “genocide” (Article 442); “illegal use of the symbols of the red cross and red crescent” (Article 445); and “mercenarism” (Article 447).