Russian soldiers noticed Oleksandr Shelipov, a civilian resident of the village of Chupakhivka in Sumy Oblast, near Lebedynskoho Street in his native village. He was dressed in plain clothes and unarmed. Shelipov was on his way home, talking to someone on the phone. One of the Russian soldiers ordered another to kill Shelipov, worried that he might inform the Armed Forces of Ukraine about their location. Vadym Shyshymarin stuck his Kalashnikov out of the car window and shot three or four times. The Russian soldiers kept driving.

This is an example of a war crime committed by Russian soldiers in Ukraine.

Illustrations: Anna Shakun
Translator: Olya Loza
Editor (English): Sam Harvey

The Office of the Prosecutor General of Ukraine reports that Russian forces have committed over 20,000 war crimes in Ukraine following the full-scale invasion on 24 February 2022. Law enforcement officers, human rights activists and lawyers – from Ukraine and from abroad – are gathering eye witness testimonies, as well as photographic and video evidence, in an effort to document war crimes.

The Village Ukraine is launching a series of articles on documenting war crimes in Russia’s war with Ukraine as part of the Urgent EU Support for Civil Society project undertaken by Ednannia (Unity), the Initiative Centre to Support Social Action, a Ukrainian civil society organisation. The first article in this series considers 15 of the most common questions about war crimes.

What crimes count as war crimes?


  • Murder, torture or inhumane treatment of civilians
  • Rape and inflicting severe suffering, harm or injuries
  • Destruction or appropriating private property that is not warranted by military purposes
  • Compelling civilians or prisoners of war to serve in the Armed Forces of the Russian Federation
  • Using civilians as a “human shield”
  • Deportation of Ukrainian citizens to Russia or to the temporarily occupied territories of Donbas and Crimea
  • Kidnapping or illegal detention of civilians
  • Taking of hostages
  • Attacks on military personnel who no longer take part in hostilities
  • Using military uniforms or insignia of the opposing army, or using the Red Cross emblem, as a disguise
  • Using prohibited weapons (for example, cluster munitions) and poisonous substances
  • Attacks on religious and cultural establishments
  • Looting of public and private property
  • Deliberate attacks on personnel, vehicles and facilities involved in the distribution of humanitarian aid
  • Deploying military equipment and conducting hostilities in residential neighbourhoods
  • Violence against medical personnel; inflicting damage on ambulances and other means of medical transportation, and on hospital buildings and medical equipment, that were not a military target; and so on.

What does “not a military target” mean?

International law requires belligerents (nations or persons engaged in war or conflict) to direct attacks on military targets only, not on civilian targets. Only those targets are considered “military targets” that, due to their nature, location, purpose or use, effectively contribute to the conduct of military operations and whose partial or complete destruction, or capture provides a clear military advantage at that particular moment.

For example, firing on civilians or civilian targets is a war crime. However, if a civilian building was attacked, using artillery or aerial bombs, at the time when Ukrainian forces were actively defending it, it is considered a legitimate military target.

Even in that case, however, such an attack would violate international law if an “excessive” number of people were killed. This applies to situations when one of the parties does not have access to high-precision weapons that would enable it to carry out a targeted attack on any given military target. This is complicated by the fact that a comprehensive analysis of a situation like that requires access to military plans of both parties, which is often impossible.

What is “combatant immunity” and why is it important?

International law distinguishes between “combatants” (persons who may take a direct part in hostilities) and “noncombatants” (other members of the armed forces).

In brief, combatants are those members of the armed forces, voluntary units, partisan movement or any other organised resistance movements, who carry arms and participate in the use of a weapon or a weapon-system in an indispensable function, wear visible insignia, are overseen by a commander, and observe the rules and customs of war.

This status allows a person to take part in hostilities and to enjoy legal protection in the event of being detained by the opposing party. At the same time, a combatant is a legitimate target of hostilities and can therefore both kill other combatants and be killed. Crucially, if a person did not commit war crimes, then the status granted of combatant means they cannot be held criminally responsible for participating in hostilities; they also acquire the rights of a prisoner of war in the event of being detained by the opposing party.

For example, killing the military personnel of the opposing party is not considered a premeditated murder because the combatant acts on behalf of their country and is protected by its immunity. On the other hand, if a civilian committed the same action, they could be held criminally responsible for terrorism, illegal participation in armed formations, premeditated murder, and so on.

Noncombatants are all persons who are not or no longer taking part in hostilities and are protected under humanitarian law. If a civilian takes up arms, openly carries weapons and takes part in or initiates hostilities, they lose those protections. Even a single instance of participation in any military operations during an armed conflict makes such a person a legitimate target for the opposing party.

For example, if a civilian throws a Molotov cocktail in the direction of the opposing party’s military equipment, is wearing military uniform, or openly carries weapons, such a person would be considered engaged in hostilities on the side of one of the parties to the armed conflict. Killing such a person cannot be considered a crime because they have lost their civilian status as a result of their actions.

However, if such a person stopped throwing Molotov cocktails, removed themselves from hostilities and is obviously no longer undertaking any actions that can be interpreted as participation in hostilities, they are no longer considered a legitimate military target.

Let’s consider several examples. Military personnel opened fire on a residential building, injuring and killing civilians. Are those who fired and those who gave an order to fire considered to have committed a war crime?

Not necessarily. Indiscriminate shelling of residential areas does not fall under the “Wilful killing” or “Wilfully causing great suffering, or serious injury to body or health” provisions of the Rome Statute. In the case of such indiscriminate shelling, the soldier carrying out the shelling does not do so in order to wilfully kill anyone, although they admit the possibility of doing so. Whether anyone is injured, or the number of injured persons, depends on the circumstances that are not controlled by the soldier carrying out shelling using weapons that are by nature indiscriminate.

However, the fact of the shelling alone is sufficient (even in the absence of consequences) if a party employed weapons and methods of warfare which cause superfluous injury or unnecessary suffering; or which are inherently indiscriminate in violation of the international law of armed conflict (such as Grad and Smerch multiple-launch rocket systems, and cluster and phosphorus munitions); or employed weapons the use of which makes it impossible to predict what targets will be hit by particular projectiles.

What if a humanitarian corridor or humanitarian convoy is attacked?

If a humanitarian corridor or convoy had been agreed on by both parties, and if this has been appropriately reported, then such an attack is considered a war crime. It is best to cite evidence of agreements between parties about these humanitarian operations when reporting on crimes committed against humanitarian targets.

What about planting mines?

Yes, this is a war crime, if the mines were planted by military personnel – regardless of whether the explosives had detonated and irrespective of the consequences of their detonation.

Who can hold parties guilty of war crimes accountable?

Ukrainian law enforcement, and eventually courts, both in Ukraine and abroad. War crimes fall under the so-called “universal jurisdiction”, a legal principle that allows states or international organisations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused’s nationality. This principle arose after WWII to achieve justice for survivors of torture [under the Nazi regime]. Over 150 countries allow charges to be brought under this principle, but so far only a handful – including Italy, France and Germany – have used it to do so.

The International Criminal Court in the Hague, Netherlands, began operations in 2002. It is a permanent international court with jurisdiction to investigate and prosecute individuals for international crimes (genocide, war crimes, and crimes against humanity); in certain instances, it complements existing national judicial systems.

In the past, the International Military Tribunal in Nuremberg prosecuted German leaders while the International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders following WWII. There was also the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and a series of other “hybrid” judicial systems (Special Court for Sierra-Leone, Extraordinary Chambers in the Courts of Cambodia).

How to report a war crime?

First and foremost, the crime has to be recorded, on video or by taking a photograph. First, make sure you are safe and this will not put you in danger at the time of making the record or in the future. Then, provide testimony to law enforcement or human rights organisations in written or oral form.

Following Russia’s full-scale invasion, the Office of the Prosecutor General launched a dedicated website and an app which can be used by anyone who has become a victim of or witnessed a war crime to document the crime. Several human rights organisations are also gathering evidence of war crimes, including the Kharkiv Human Rights Group, Zmina (Change) Human Rights Centre, and others. Citizens can also report war crimes and the movements of Russian military equipment using several different chat-bots, including eVorog, the Security Service of Ukraine bot, Tribunal.ua, and War Crime Bot.

14 European Union countries have joined the investigation of Russian war crimes in Ukraine, contributing the expertise of 15,000–20,000 of their experts, who for the most part are tasked with collecting testimonies of Ukrainian refugees.

How are war crimes punished?

Persons guilty of war crimes are criminally liable. According to Ukrainian law, military personnel who have committed war crimes will face the punishment established for a specific crime, including up to 15 years of imprisonment or life imprisonment (Article 438 of the Criminal Code of Ukraine).

If war criminals are convicted by the International Criminal Court, they will be liable to imprisonment for up to 30 years or life imprisonment. Both Ukrainian and international courts can also impose a fine, confiscate assets of the guilty person obtained as a result of committing the crime, or order compensation for damages to victims.

Who is responsible if military personnel carry out (criminal) orders of their commanders?

Both are responsible.

If military personnel commit a war crime in the course of carrying out an order, they will be held responsible for this crime. Carrying out an order cannot be an excuse for committing a war crime.

Is it possible to hold senior leadership of the Russian Federation accountable for the war crimes committed in Ukraine?

Yes. The International Criminal Court can hold Russia’s senior leadership responsible for war crimes, crimes against humanity, and genocide. However, the ICC does not have jurisdiction over the crime of aggression committed by Russian officials (since Russia has not ratified the Rome Statute). One way of holding the Russian leadership accountable for the crime of aggression would be to create a special tribunal.

Will Ukrainian soldiers be held accountable for war crimes, if the fact of such crimes is confirmed?

Yes. The fact that Ukraine is defending itself from Russia’s military aggression does not exempt the Ukrainian military personnel from responsibility for committing war crimes. Unlike Russia, Ukraine is a state governed by the rule of law; it adheres to the principle of the presumption of innocence and all of its citizens have the right to defence.

How long do court decisions on war crimes take?

Court proceedings can last for years, especially for these types of case.

For example, it was only in 2016 that the International Criminal Court in the Hague decided to start an investigation into the crimes committed in South Ossetia as a result of Russia’s attack in 2008. It has taken the ICC until the summer of this year to issue warrants for the arrest of three suspects in this case.

The prosecutor of the court reported that there is evidence that the “de facto authorities of South Ossetia” were involved in the murder of 113 ethnic Georgians in the course of their forcible eviction from the territory of the self-proclaimed republic. A total of up to 18,500 people were evicted, and about 5,000 houses were destroyed.

However, with regard to Ukraine, the situation may be different, given the duration of the hostilities and the scale of the crimes. According to Bloomberg, the International Criminal Court may begin hearing the first case related to Russia’s war crimes in Ukraine as early as this coming winter.

As for the Ukrainian courts, they have already started reviewing cases brought against the Russian military who committed war crimes in Ukraine.

The Solomianka District Court in Kyiv handed down a life sentence to Vadym Shishymarin, the former commander of the 4th Kantemirov Guards Tank Division, in late May. This is the first Russian soldier to be convicted of war crimes since 24 February of this year.

Is there a time limit for bringing war criminals to justice?

War crimes do not have a statute of limitations. Charges of war crimes can be brought decades after the crimes had been committed.

For example, Hissene Habre, the former leader of a murderous government in Chad, was convicted for crimes against humanity and war crimes, including torture, sexual slavery, and rape. His conviction was a culmination of almost 20 years of his victims’ search for justice. A lawsuit against him was filed by seven residents of Chad in 2000. Habre was found guilty of torturing, raping and killing 40,000 people whom he considered his political opponents. He was sentenced to life in prison and died of Covid-19 last year.

Finally, is there a difference between war crimes and military crimes?

Yes. War crimes are international crimes, violations of the international laws and customs of war. Military crimes, on the other hand, are criminal violations of the legally established rules of military service. Unlike war crimes, military crimes can be committed in peacetime. In some cases, military crimes can coincide with war crimes: looting, violence against civilian population in the area where hostilities are taking place, and ill-treatment of prisoners of war, among others.

Consider this example of a military crime: on 24 February, Serhii Shenherei, a resident of Chernihiv Oblast, received a summons and arrived at the enlistment office the next day. He was given a uniform and weapons. On the same day, Chernihiv Oblast was attacked. Worried about his family, who lived in one of the villages in the oblast, he handed in his weapons and headed home. From 26 February to 2 June, he lived at his place of residence and did not perform his military service duties (according to the Unified Register of Court Decisions and the website of the Judiciary), thereby committing a military – but not a war – crime.

Disclaimer: This article was prepared as part of the Urgent EU Support for Civil Society project undertaken by Ednannia (Unity), the Initiative Centre to Support Social Action with the financial support provided by the European Union. The Village Ukraine is entirely responsible for the content of the article, which may not reflect the official position of the European Union.