Practice Relating to Rule 151. Individual Responsibility
Section A. Individual criminal responsibility
Ukraine’s IHL Manual (2004) states:
1.8.1. International humanitarian law envisages individual responsibility of natural persons and obliges States parties to an armed conflict to take measures to discontinue any violations of its provisions.
1.8.2. Servicemen and contractors of the Armed Forces of Ukraine may be held responsible both disciplinarily and criminally for violations of the rules of international humanitarian law. Responsibility of Ukraine’s servicemen (citizens) for crimes related to violations of international humanitarian law, their qualification and list are contained in Annex 5 to this Manual.
1.8.3. Acts related to the use of prohibited means and methods of war may be committed both intentionally and unintentionally.
1.8.4. Persons who commit serious violations of international humanitarian law shall be held criminally responsible.
Ukraine’s Criminal Code (2001) provides for the punishment of offenders having committed an act described in 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).