Related Rule
Ukraine
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.”
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 1.8.5.
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, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, § 1.4.10.
Ukraine’s Criminal Code (2001) provides for the punishment of the “wilful killing” of civilians or prisoners of war.
Ukraine, Criminal Code, 2001, Article 408; see also Article 442 (killing and extermination as a part of a genocide campaign).
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.
Ukraine, Sixth periodic report to the Human Rights Committee, 11 April 2006, UN Doc. CCPR/C/UKR/6, submitted 3 November 1999, §§ 72–73.
