Practice Relating to Rule 87. Humane Treatment
The Russian Federation’s Military Manual (1990) provides that war victims “shall be granted such a status that would guarantee humane treatment”.
The Russian Federation’s Regulations on the Application of IHL (2001) states:
Under any circumstances international humanitarian law ensures humane treatment during an armed conflict of persons not directly involved in combat operations, including those who have been rendered hors de combat
by sickness, injury, detention or any other cause without adverse distinction for reasons of race, colour, faith, birth, wealth or any other similar criteria.
With regard to internal armed conflict, the Regulations states: “All persons who do not take a direct part or who have ceased to take part in hostilities … shall in all circumstances be treated humanely.”
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 the humane treatment of all persons who did not directly take part in hostilities or who ceased to take part in hostilities … must be respected by both parties to the armed conflict.”