Ukraine has been resisting Russian invaders for 23 days. In the context of a large-scale intrusion, media and individuals often write or talk about holding Russia accountable for “war crimes”. However, this definition is incorrect, the Regional Center for Human Rights noted.. They explained that in the case of the actions of the Russian occupiers in Ukraine, it is correct to speak of responsibility for war crimes.. The Regional Center for Human Rights explained the fundamental difference between military and military crimes.

In particular, a military crime recognizes as criminal offenses " The very concept of “military crime” disappeared from the Criminal Code of Ukraine back in 2018..

“That is, it is: failure to comply with orders, resistance to superiors, violation of subordination relations, unauthorized departure from the unit, desertion, violation of a number of established rules for military service, etc.. (cm. st. 401-435 of the Criminal Code of Ukraine),"

At the same time, war crimes are serious violations of the laws and customs of war.. We are talking about killings (with the exception of the killing of a combatant by a combatant) and torture taking place in armed conflict, destruction or appropriation of property without military necessity, conscription in occupied territory, illegal movements of the civilian population, attacks on civilian objects, etc.. War crimes are included in the Rome Statute of the International Criminal Court (Article 8(2) alongside such crimes as genocide, aggression, crimes against humanity.

Also, an important difference from war crimes is that war crimes can be committed exclusively in the context of an armed conflict and are associated with it.. Military criminal offenses can be committed both during an armed conflict and during military service in peacetime..

So, as explained in the Regional Center for Human Rights, in the case of crimes related to armed conflict:.

correctly talk about bringing to criminal responsibility for war crimes;

it is correct to talk about bringing to criminal responsibility for war crimes not the Russian Federation as a state, but its officials and other participants in the conflict. Because this type of responsibility is individual.. The state itself can be held liable for the commission of an international wrongful act in the framework of other jurisdictions (in the form of satisfaction, restitution, compensation).

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The Prosecutor of the International Criminal Court is already in Ukraine. Karim Khan has already spoken with Ukrainian President Volodymyr Zelensky, and also sent an official request to the Russian Federation to meet with representatives of the competent authorities and discuss the situation in Ukraine.

The team of the ICC Prosecutor's Office will document and collect evidence of international crimes on our territory. But what are the prospects for the trial of the leadership of Russia and Belarus in the ICC? But should we expect an early punishment for those responsible for aggression and grave crimes Read about this in the article by the former Deputy Prosecutor General of Ukraine Gunduz Mammadov “Coalition of justice: will Ukraine bring war criminals to the dock in international courts”?