Practice Relating to Rule 89. Violence to Life
Ukraine’s IHL Manual (2004) states: “Serious violations of international humanitarian law directed against people include: … wilful killing.”
The manual further states that, in non-international armed conflicts, “violence to life”, “murder” and “the carrying out of executions without previous judgment [duly] delivered”, or threats of such actions, against the following persons are prohibited:
- persons taking no active part in the hostilities;
- members of armed forces who have laid down their arms;
- those placed hors de combat
by sickness, wounds, detention, or any other cause.
Ukraine’s Criminal Code (2001) provides for the punishment of the “wilful killing” of civilians or prisoners of war.
In 1999, in its sixth periodic report to the Human Rights Committee, Ukraine stated:
72. In article 64, paragraph 2, the Constitution lists those rights and freedoms which may not be restricted under martial law or a state of emergency.
73. These rights and freedoms include, among others, the following:
- Every person has the inalienable right to life. No one may be arbitrarily deprived of life.