Topic- Did the Ukrainian conflict with Russia, meet the legal threshold of ‘grave breaches’ under individual criminal responsibility?

Abstract

Post adoption of 1949 Geneva conventions and the Additional Protocol I (1977), today’s armed conflict between Russia and Ukraine has emerged as one of the most consequential contemporary tests of IHL. The conflict has generated extensive allegations concerning indiscriminate attacks, unlawful targeting of civilians, destruction of protected infrastructure, torture of prisoners, unlawful annexation of occupied territories and attacks against nuclear installations. Reports issued by various international investigative institutions have collectively indicated patterns of conduct potentially amounting to grave breaches of IHL and prosecutable for war crimes by the ICC Statute in the current Ukrainian conflict with Russia. This paper, instrumentalises a doctrinal and jurisprudential analysis supported by the UN reports and other scholarly assets for examining two questions; first, whether the pattern during the armed conflict conducted internationally meets the legal threshold of the principles of distinction, proportionality, discrimination and precautions, alongside acts forming part of ‘grave breaches? Secondly, the question arises whether the conflict demonstrates both enduring relevance and the enforcement-limitations even in light of the most emerging conflict.