James E. Archibong
The outbreak of armed conflict automatically triggers the application of international humanitarian law (IHL), an instrument that offers protection to victims of armed conflict and creates obligations for belligerents in the theatres of war. IHL limits the impact of the use of brute force on civilians and civilian objects by imposing constraints on the conduct of war. On February 24, 2022, the Russian government ordered a ‘Special Military Operation,’ against Ukraine, allegedly to disarm and ‘denazify’ the latter as well as protect Russian-speaking minorities in the eastern region of the country. Ukraine, backed by some Western countries has put up a strong resistance, leading to bloody confrontations and a humanitarian nightmare. The parties have reportedly committed serious violations of IHL, such as direct and indiscriminate attacks against civilians and civilian property; mass killings; summary executions; sexual violence; and the use of banned weapons. This paper examines the application of the rules of IHL in the conflict amid reports of the prevalence of heinous crimes. The paper finds that both parties, primarily the Russian armed forces, have committed serious violations of IHL in circumstances that amount to war crimes and crimes against humanity. The paper recommends immediate cessation of hostilities; prompt investigation of all forms of violation of IHL; and the prosecution of individuals most responsible for egregious crimes in the conflict.