War Crimes

War crimes—such as targeting civilians, torture, or the use of prohibited weapons—are grave breaches of the Geneva Conventions of 1949 and their Additional Protocol I, and other serious violations of the laws and customs of war. War crimes are punishable under international criminal law. All States have an obligation to prevent war crimes or punish them if they occur. War crimes acts such as targeting protected persons, torture, destruction of protected property, unlawful deportation, the use of prohibited weapons, and others. War crimes may occur in both international and non-international armed conflicts and can be prosecuted under international or domestic law.

The statutes and practice of international criminal tribunals, and other specific international instruments, have identified which violations of IHL amount to war crimes and the legal elements of those crimes.

This section provides practical guidance for judges on the interpretation and adjudication of specific war crimes under Ukrainian and international law.

Use the menu on the left to explore the crimes in more detail, including relevant definitions, reference materials, jurisprudence, training materials, and other resources.

Frequently asked questions about war crimes:

• What constitutes a war crime under international law?
• What are the contextual elements that distinguish war crimes from ordinary crimes under Ukrainian law?
• What are protected groups and objects under IHL? What does it mean?

• How thoroughly should courts establish the existence of an international armed conflict between Ukraine and the Russian Federation? What constitutes appropriate evidence?

• How should courts approach the question of nexus between the alleged act and the armed conflict?

• What constitutes effective control for the purposes of classifying an area as occupied territory?

• Under what conditions does a person acquire the status of a combatant? Is a civilian taking up arms considered a combatant? 
• What are the criteria for distinguishing between civilian objects and military objectives? When can civilian infrastructure/objects be lawfully attacked under international humanitarian law?

• Is incidental/collateral harm to civilians and civilian objects permissible during attacks on military targets? What are the criteria for assessing the legality of such harm?

• What kinds of evidence can support or undermine the claim that an object was a lawful military target?

• How should courts evaluate claims of indiscriminate or disproportionate attacks?