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Free Legal Aid Resource Library on War Crimes

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War Crimes by Elements of Crime

The materials are related to controlled legal topics, not random occurrences of words in the text. One material may simultaneously belong to several compositions, statuses or rules of IHL.

Compositions of war crimes Protected persons and statuses Protected facilities and personnel Rules and methods of warfare
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The composition page shows the applicable conflict regime, regulatory guidelines, elements, evidentiary matrix, defense issues, and verified sources. The Rome Statute and the Elements of Crimes are important guidelines, but do not replace the establishment of a specific norm of IHL and the version of the criminal law in force at the time of the act.

Separate criminal law constructions

Compositions of war crimes

Separate acts with permanent pages, legal matrix, evidence and materials exactly according to this composition.

an independent component of a war crime

Attack on the civilian population or civilians

Deliberate targeting of an attack on the civilian population as such or on individual civilians who do not directly participate in hostilities.

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an independent component of a war crime within the established legal framework

Attack on civilian objects

Deliberately directing an attack at objects that are not military targets; status is assessed ex ante at the time of decision.

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a serious violation of the protection of persons who have dropped out of combat

Assault on a person hors de combat

Violence or assault against a person who has surrendered, is unconscious, or otherwise withdrawn from combat and refrains from hostile action.

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directly named form in Article 438 of the Criminal Code of Ukraine

Illegal removal or deportation of a child

A separate national construction, directly incorporated by Law No. 4499-IX; requires special verification of the effect of the law over time.

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independent international composition and the form directly named in Article 438

Recruitment, enrollment or use of children

Recruiting, enlisting or using children to participate in armed conflict or hostilities; international and national designs have different formulations.

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directly named form in Article 438 of the Criminal Code of Ukraine

Unjustified delay in repatriation of the child

A separate national form added by Law No. 4499-IX; needs to determine the obligation, deadline, reasons for the delay, the responsible person and the effect of the law in time.

It is being prepared - we do not publish links with zero or incomplete output

independent composition / serious violation of IHL

Illegal deprivation of liberty

Illegal imprisonment or other serious deprivation of physical freedom of the protected person.

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an independent component of a war crime

Deprivation of the right to a fair and proper trial

Deprivation of the protected person's rights to a fair and proper trial; not the same as Ukrainian special court proceedings.

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an independent component of a war crime

Taking hostages

Capturing or detaining a person with the threat of harm to compel a third party to act or inaction.

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an independent component of a war crime

Illegal deportation or transfer of protected persons

Illegal forced transfer or deportation of protected persons in international armed conflict.

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an independent component of a war crime

Order to transfer civilians to NIAC

An order to relocate civilians for conflict-related reasons without a legal basis under IHL.

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a separate construction of a war crime

Transfer of the population of the occupying state to the occupied territory

Direct or indirect transfer by the occupying state of part of its own civilian population to the occupied territory.

It is being prepared - we do not publish links with zero or incomplete output

independent elements of the war crime in the IAC

Using civilians as "human shields"

Using the presence of a civilian or other protected person to cover a military objective, operation, or area.

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independent composition upon the occurrence of a specified consequence

Perfidy

Killing or wounding as a result of abuse of the enemy's trust in protection under IHL; is distinguished from permissible military tricks.

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an independent component of a war crime

An order to show no mercy

A statement or order that there will be no mercy, in the context of an armed conflict.

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independent composition within the limits of the applicable edition

Causing starvation of the civilian population

Deliberately using starvation of the civilian population as a method of warfare, including by depriving them of facilities necessary for survival or obstructing aid.

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a separate construction with dependent elements and a consequence

Improper use of protective emblems

Improper use of emblems of the Geneva Conventions or other protective signs; the specific composition and consequence requirement are checked separately.

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separate construction with concrete elements

Improper use of the flag of truce

Improper use of the flag of truce; the criminal law form requires verification of intent, method of use and intended consequence.

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separate construction with concrete elements

Improper use of the enemy's flag, signs or uniform

Improper use of the enemy's flag, military insignia or uniform with verification of purpose and effect.

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separate construction with concrete elements

Improper use of the UN flag, symbols or uniform

Misuse of the flag, insignia or uniform of the United Nations with authorization, intent and effect review.

It is being prepared - we do not publish links with zero or incomplete output

an independent component of a war crime

Premeditated murder

Deliberately causing the death of a protected person in connection with an armed conflict.

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an independent component of a war crime

Torture

Severe physical or mental pain or suffering for a prohibited purpose; apart from inhumane treatment.

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an independent component of a war crime

Inhumane or cruel treatment

Serious physical or mental suffering without the necessary specific purpose required for torture.

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an independent component of a war crime

Severe suffering or serious harm to health

Deliberately causing severe suffering or serious bodily injury or harm to the health of a protected person.

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an independent component of a war crime

Violation of human dignity

Humiliating or abusive treatment that reaches the appropriate threshold of severity in the circumstances.

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independent composition / serious violation of IHL

Biological or medical experiments

Biological or medical experiments on a protected person without proper medical justification and in his interests.

It is being prepared - we do not publish links with zero or incomplete output

independent composition of a serious violation

Large-scale destruction or appropriation of property

Large-scale destruction or appropriation of property, not justified by military necessity and carried out illegally and arbitrarily.

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an independent component of a war crime

Destruction or seizure of enemy property

Destruction or seizure of enemy property without imperative military necessity.

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an independent component of a war crime

Pillage

Appropriation of property for private or personal use without the consent of the owner; refrains from requisition, trophies and destruction of property.

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an independent component of a war crime

Attack on humanitarian personnel, transport or facilities

Deliberately targeting personnel, facilities, materials, units or transport of a humanitarian assistance or peacekeeping mission while they are entitled to civilian protection.

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independent elements of a war crime / special protection of IHL

Attack on medical personnel, formation or transport

Attack on protected medical personnel, formation, transport or hospital; loss of special protection requires a separate factual and legal analysis.

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an independent component of a war crime

Compulsion to serve in the armed forces of the enemy

Forcing a prisoner of war or other protected person to serve in the armed forces of an enemy state.

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an independent component of a war crime

Rape

Sexual penetration under circumstances of force, threat, coercion, detention, psychological pressure, abuse of power, or inability to give genuine consent.

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an independent component of a war crime

Sexual slavery

Exercising the powers inherent in the right of ownership, together with coercion to acts of a sexual nature.

It is being prepared - we do not publish links with zero or incomplete output

an independent component of a war crime

Forced pregnancy

Unlawful detention of a woman who has become pregnant by force with defined statutory intent; the composition has a special formulation.

It is being prepared - we do not publish links with zero or incomplete output

independent residual structure

Other forms of sexual violence of comparable severity

Other forms of sexual violence that reach a comparable threshold of severity; facts, coercion and legal qualifications need to be specified.

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an independent component of a war crime

Forced into prostitution

Forcing a person into prostitution in connection with an armed conflict; requires a separate analysis of the act, coercion, nexus and form of guilt.

It is being prepared - we do not publish links with zero or incomplete output

an independent component of a war crime

Forced sterilization

Deprivation of biological reproductive capacity without medical justification and genuine consent under the conditions of the relevant context.

It is being prepared - we do not publish links with zero or incomplete output

independent composition within the applicable legal framework

Poison or poisoned weapons

Use of poison or poisoned weapons with verification of technical identification of means, use, intent, type of conflict and temporal applicability.

It is being prepared - we do not publish links with zero or incomplete output

independent composition within the applicable legal framework

Asphyxiating, poisonous or other gases, liquids and materials

Use of suffocating, poisonous or other gases and similar liquids, materials or devices.

It is being prepared - we do not publish links with zero or incomplete output

independent composition within the applicable legal framework

Balls that easily expand or flatten

The use of bullets that easily expand or flatten in the body, with technical and legal verification of the specific ammunition.

It is being prepared - we do not publish links with zero or incomplete output

IHP thematic hubs

Protected persons and statuses

Thematic hubs about the status of a person and related prohibitions and clauses.

protected status — thematic hub

Civilians and the civilian population

Hub on Civilian Status Determination, Direct Participation in Hostilities, and Related Compositions of Attacks and Violence.

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protected status — thematic hub

Prisoners of war

Hub on POW status, treatment, judicial guarantees, work, repatriation and related provisions.

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specially protected status — thematic hub

Children in armed conflict

Hub on Special Child Protection, Evacuation, Repatriation, Transfer, Recruitment and Use.

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protected status — thematic hub

Persons hors de combat

Hub about persons who have surrendered, are unconscious or for some other reason dropped out of the battle and abstain from hostile actions.

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specially protected status — thematic hub

Medical and spiritual staff

Hub about identification, function, security emblems, security conditions, and related attacks.

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protected status — thematic hub

Humanitarian staff

Hub on humanitarian aid personnel, civil protection conditions and attacks on personnel, facilities and transport.

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IHP thematic hubs

Protected facilities and personnel

Navigation by categories of civil, cultural, medical and humanitarian objects and personnel.

protected category of objects — thematic hub

Civil objects

Hub on military objective identification, ex ante objective status assessment, dual targeting and related attack rules.

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specially protected objects - thematic hub

Cultural and religious values

Hub on cultural values, historical monuments and religious buildings and conditions for their special protection.

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specially protected objects - thematic hub

Medical formations and transport

Hub about hospitals, medical formations, transport, protective emblems and conditions for termination of special protection.

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specially protected objects - thematic hub

Objects containing dangerous forces

Hub on dams, dams and nuclear power plants where an attack could cause the release of dangerous forces and heavy civilian casualties.

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IHP thematic hubs

Rules and methods of warfare

Rules of IHL, which should not be automatically identified with a separate offense without checking the legal basis and elements.

legal regime — thematic hub

Occupied territory

Hub on establishment of occupation, responsibilities of the occupying state, protection of population, property, judicial guarantees and displacement.

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the thematic hub is not one universal warehouse

Prohibited means of warfare

Separate route for poison, gases, deployable bullets and other means with verification of specific international legal basis and temporal applicability.

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rule of IHL and thematic hub

Indiscriminate attacks

Prohibition of attacks not aimed at a specific military objective or those whose consequences cannot be limited; not every violation is automatically an independent compound.

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basic rules of hostilities

Distinction, proportionality and safeguards

Hub for ex ante assessment of military target, expected civilian harm, specific and immediate military advantage and feasible countermeasures.

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rule of IHL and thematic hub

Prohibition of acts of violence aimed at terrorizing the civilian population

Hub on prohibition of acts or threats of violence, the main purpose of which is to terrorize the civilian population; the specific criminal qualification depends on the legal basis.

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