What is International Humanitarian Law, and How Has Russia Been Violating It?
March 30, 2022
Throughout the course of Russia’s war with Ukraine, many people have called out Russia’s actions as inhumane. Many of Russia’s actions have been in direct violation of international humanitarian law, a set of rules that govern how war is waged in order to lessen the degree of conflicts. While war itself is bound to cause suffering due to its nature, the goals of international humanitarian law are to protect as many people as possible during conflict.
The rules of international humanitarian law were first drafted at the Geneva Convention of 1864. These rules that were created at the Geneva Convention were then incorporated into the laws of each country, that way the people of each country can handle any violations of international humanitarian law. Under the Geneva Conventions, countries are required to prosecute grave violations of international humanitarian law because they are considered war crimes. However, if a country does not cooperate with prosecuting war crimes, the International Criminal Court will do their best to resolve the case.
When it comes to international humanitarian law, there are four principles that determine what is allowed. The first of the principles is military necessity. This principle states that combatants may only take place in military actions that are necessary to defeat their enemy. The second principle of international humanitarian law is distinction which states that when in conflict combatants must distinguish themselves from civilians so that opposing combatants know who they can not harm. The third principle is proportionality; this principle states that the loss of lives from a certain conflict can not outweigh the expected benefits of an action. The final principle is limiting unnecessary suffering; combatants can not use methods of warfare that are designed to cause unnecessary suffering. By following these principles, countries can do their best to avoid violating humanitarian rights, but Russia has violated these humanitarian principles in their current conflict with Ukraine.
The most obvious way that Russia has violated international humanitarian law has been through the fact that they have not been doing their best to avoid causing unnecessary human suffering. Through the blatant bombing of locations with civilians, Russia has shown that instead of taking measures to keep civilians out of conflict, they have taken actions that put civilians in direct harm.
In addition to bombing locations with civilians, Russian soldiers have taken other actions that violate international humanitarian law. Multiple reports from within Ukraine have stated that Russian soldiers have tortured, murdered, and raped Ukrainian civilians — all of which violate international humanitarian law.
According to Abigail Lee (10), “It is horrible that such inhumane acts can occur.” While there are ways to hold nations accountable for violations of international humanitarian law, it can be difficult, especially when countries as influential as Russia are involved. As the war continues, it is likely that Russia will continue to violate international humanitarian law, but hopefully at the end of the conflict, they will be held accountable for their actions.