Norma relacionada
Russian Federation
Practice Relating to Rule 1. The Principle of Distinction between Civilians and Combatants
The Russian Federation’s Regulations on the Application of IHL (2001) states:
While getting military units ready for combat operations and controlling them during hostilities, commanders shall be guided by the principles of international humanitarian law: the principles of legality, distinction, proportionality, humanity and military necessity.
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The principle of distinction means making a distinction, under any circumstances, between the civilian population and servicemen, as well as between civilian objects and military objectives, which helps ensure protection of civilian persons and objects during combat operations and concentrate the force’s effort against the enemy military objectives.
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 17.
The Russian Federation’s Military Manual (1990) states that it is prohibited “to launch attacks against the civilian population or against individual civilians”.
Russian Federation, Instructions on the Application of the Rules of International Humanitarian Law by the Armed Forces of the USSR, Appendix to Order of the USSR Defence Minister No. 75, 1990, § 8(f).
The Russian Federation’s Regulations on the Application of IHL (2001) states: “The civilian population as such and individual civilians enjoy protection which, in addition to other international humanitarian law rules, prohibits making them an object of attack.”
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 54; see also § 7 (prohibited methods of warfare).
With regard to internal armed conflict, the Regulations further states: “The civilian population as such, as well as individual civilians, shall not be the object of attack.”
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 84.
In 1995, in its judgment in the Situation in Chechnya case, the Russian Federation’s Constitutional Court recognized the applicability of the 1977 Additional Protocol II to the conflict in Chechnya. While noting that amendments to domestic legislation to ensure its application had not been adopted, the Court stated: “Nevertheless, provisions of [the 1977 Additional Protocol II] regarding … protection of civilians … are binding on both parties to the armed conflict.”
Russian Federation, Constitutional Court, Situation in Chechnya case, Judgment, 31 July 1995, § 5.
In 2008, in a statement before the UN Security Council during a meeting on the protection of civilians in armed conflict, the permanent representative of the Russian Federation stated:
The protection of civilians must be the highest priority for Governments involved in conflicts. We emphasize that all parties to armed conflict bear responsibility for ensuring the security of civilians.
We vigorously condemn … deliberate attacks on civilians … which is a violation of international humanitarian law.
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The United Nations must rapidly and effectively respond to incidents of violence against civilians … during armed conflict.
Russian Federation, Statement by the permanent representative of the Russian Federation before the UN Security Council during a meeting on the protection of civilians in armed conflict, 27 May 2008.
In 2009, in a statement before the UN Security Council during a meeting on the protection of civilians in armed conflict, the permanent representative of the Russian Federation stated:
We strongly condemn deliberate attacks on and the killing of civilians … which is a gross violation of international humanitarian law.
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Once again, just a few days ago, 17 Afghan civilians, including women and children, were killed during a coalition operation in eastern Afghanistan. We underscore the responsibility of all parties, including the multinational forces, to ensure the security of civilians and comply strictly with the norms of international humanitarian law.
Russian Federation, by the permanent representative of the Russian Federation before the UN Security Council during a meeting on the protection of civilians in armed conflict, 14 January 2009.
In 2010, in a statement before the UN Security Council during a meeting on the protection of civilians in armed conflict, the permanent representative of the Russian Federation stated: “We resolutely condemn both wilful attacks against civilians and civilian loss of life … which constitute serious violations of international humanitarian law.”
Russian Federation, Statement by the permanent representative of the Russian Federation before the UN Security Council during a meeting on the protection of civilians in armed conflict, 7 July 2010.
In 2011, in a statement before the UN Security Council during a meeting on the protection of civilians in armed conflict, the permanent representative of the Russian Federation stated: “We resolutely condemn premeditated attacks on civilians.”
Russian Federation, Statement by the permanent representative of the Russian Federation before the UN Security Council during a meeting on the protection of civilians in armed conflict, 10 May 2011, p. 9.
In 2011, in a statement before the UN Security Council during a meeting on the protection of civilians in armed conflict, the permanent representative of the Russian Federation stated: “We vigorously condemn … premeditated attacks on civilians.”
Russian Federation, Statement by the permanent representative of the Russian Federation before the UN Security Council during a meeting on the protection of civilians in armed conflict, 9 November 2011, p. 23.
In 2012, the official representative of the Ministry of Foreign Affairs of the Russian Federation stated:
[A]nother massacre against peaceful Syrian citizens took place, this time in the villages of Al-Kubeyr and Maarzaf near the town of Hama. Nearly 100 peaceful citizens are reported dead, including 40 women and children. … We strongly condemn the barbaric acts of violence in the area of [the] town [of] Hama.
Russian Federation, Comment by the official representative of the Ministry of Foreign Affairs on the massacre in the suburbs of the Syrian town of Hama, 7 June 2012.
In 2012, in a statement before the UN Security Council during an open debate on children and armed conflict, the deputy permanent representative of the Russian Federation stated: “We … firmly condemn intentional attacks against civilians, including children.”
Russian Federation, Statement by the deputy permanent representative of the Russian Federation before the UN Security Council during an open debate on children and armed conflict, 19 September 2012, p. 15.
