In 1864, the first Geneva Convention on improving the condition of the wounded on the battlefield was adopted. Since then, every armed conflict in the world has been regulated by the laws and norms of international humanitarian law. These restrictions were introduced to reduce the cruelty and lethality of wars. World War II further emphasized the need for comprehensive protection of people - civilians, combatants (military personnel directly involved in armed conflicts), and prisoners of war. Therefore, in 1949, four Geneva Conventions were adopted: the first is dedicated to improving the condition of the wounded and sick in active armies; the second deals with the condition of wounded military personnel at sea; the third establishes rules for the treatment of prisoners of war; the fourth protects civilians during wartime.
Humanity needed to lose millions of lives before realizing that wars needed rules to be followed by all. Although, at first glance, wars have nothing to do with order and are more of a manifestation of total chaos. However, there are examples of armed conflicts during which laws and customs of warfare were observed. This is how countries acknowledge the world order and their belonging to civilization. At the same time, there are countries that do not adhere to these laws, and one of them is Russia. In 1954, the USSR ratified the Geneva Conventions. After its dissolution, Russia declared itself the successor of the Soviet Union, thus recognizing itself as a party to international agreements signed by the USSR. In 2019, Russia withdrew from the First Protocol to the Geneva Conventions, which deals with the protection of victims of international armed conflicts, thereby blocking the work of the International Humanitarian Commission in establishing the facts of its crimes in Syria and subsequently in Ukraine. However, even partial withdrawal of Russia from the mechanism of the Geneva Conventions does not mean absolving the aggressor country of responsibility for violating the norms of international humanitarian law and committing war crimes during the war in Ukraine.
The obligations to comply with the rights of prisoners of war are outlined in the third Geneva Convention. The norms of this international treaty prohibit physical and psychological torture and inhumane treatment of prisoners, regardless of their past actions. Prisoners have the right to food, water, and contact with their families. Female soldiers in captivity should be kept separately from men, and they should be supervised by female personnel, with their special sanitary and medical needs being met. Russian military personnel have repeatedly committed serious crimes against Ukrainian prisoners, which is a violation of the rules and customs of war. The Office of the United Nations High Commissioner for Human Rights (OHCHR) has published another report that includes facts related to six cases of extrajudicial executions of Ukrainian prisoners of war committed by Russian military personnel. In the document covering the period from February 1 to July 31, 2023, cases that became known through videos posted online are described.
In the first video, Russian military personnel shot a Ukrainian prisoner of war after he uttered the words, "Glory to Ukraine." In the second video, a Russian soldier beheaded a Ukrainian warrior. The UN report states that there are "reasonable grounds" to believe that both video recordings are authentic. Additionally, there is a case mentioned in which, in September 2022, a Russian soldier shot a Ukrainian prisoner of war who had been injured in the leg after stepping on a mine. He was forced to deliver ammunition to Russian positions. Out of 56 Ukrainian military personnel surveyed by OHCHR during the reporting period, 51 reported experiencing various forms of torture and cruel treatment while in captivity. The report debunks Russia's fake claims about Ukraine's strike on Elenovka in the Donetsk region in July 2022. As a result of explosions in the colony in the occupied Elenovka, 51 Ukrainian soldiers were killed, and at least 139 prisoners were wounded. OHCHR concluded that the explosions were not caused by HIMARS rockets launched by Ukrainian armed forces. The report also mentions that Russian authorities in the temporarily occupied parts of Donetsk and Luhansk regions, as well as in Russia, have convicted 37 Ukrainian prisoners of war on various criminal charges, including terrorism.
The facts and findings in the report are based on data collected during field missions, visits to places of detention, and remote monitoring of occupied territory. The conclusions are based on 1226 interviews with victims, witnesses, survivors, their relatives, lawyers, government representatives, civil society members, and other interviewees.
Actions by the Russian army that violate the Geneva Conventions are classified as violations of international humanitarian law, and in particularly serious cases, as war crimes. The latter fall under the jurisdiction of the International Criminal Court.
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