Ukraine’s Ministry of Foreign Affairs issued a statement on Monday calling on the International Committee of the Red Cross (ICRC) and the United Nations (UN) to assist their armed forces in adhering to International Humanitarian Law and ensuring basic human rights for Russian civilians in the Kursk region, where the Ukrainian army has been conducting a counter-offense for three weeks now. Ukraine’s Foreign Minister Andrii Syhiba later confirmed on Twitter that he had invited the two organizations.
In the statement, the Ministry of Foreign Affairs stated that the Ukrainian army has showed “full compliance” with International humanitarian law in Kursk. It puts special emphasis on support by the organizations for adherence to the 1949 Geneva Conventions, stressing the protection of civilians, namely the possibility for them to evacuate from areas where hostilities are committed safely. This particularly connects to the Fourth Geneva Convention of 1949 which, under Article 3, sets out rules for the protection of persons “not taking part in hostilities” and prescribes the establishment of “safe zones” for civilians under Article 14.
With its statement, the Ukrainian government seeks to prove its attack’s conformity with International Humanitarian law. Its objective is to prevent an escalation spiral of an ongoing conflict to the extreme.
According to the UN Charter, the only suitable time to resort to armed force is in case of self-defense. In the case of Russia vs Ukraine, Russia broke the jus ad bellum, or the principle that governs the reasons or justifications for the use of force, by waging a war of aggression — notwithstanding that the UN Security Council failed to qualify it as such, due to a veto by Russia. However, this could not justify Ukrainian mistreatment of Russian war prisoners, or conduct hostilities in a way that violates international law. During a conflict, IHL places both parties under the same jus in bello, the principle that defines rules on the conduct of hostilities during armed conflict.
