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Videos are circulating on Twitter and Telegram that allegedly show an alleged Ukrainian war crime. According to experts, however, there is not necessarily a violation of the Geneva Convention, writes the New York Times.

What happened?

A drone shot of the Ukrainian village of Makiivka (Lugansk Oblast) shows 11 dead Russian soldiers. They lie close together between two buildings, facing the ground; pools of blood everywhere. We don’t publish the recording because of the graphic content, but anyone who wants to watch the video can do so here to do.

Were the Russian soldiers executed? Have you been the victim of a war crime? This question now preoccupies war experts and the warring factions.

Because on another video you can see the moments just before the death of the soldiers. In the beginning you see the cameraman – a Ukrainian – during a skirmish in a meadow. Snow. Now his team of Ukrainian soldiers is in the yard from the first video (this can be verified with the help of satellite images). The squad has surrounded one of the houses, one of the soldiers aims his machine gun at the entrance.

Gradually, the Russians come out with their hands up and lie down on the floor. Snow. The eleventh steps out of the house with his gun drawn and opens fire, after which the shooting stops. In the last cut-out you can see a wounded Ukrainian soldier, most likely the cameraman.

What is a war crime?

A comparison of the two shots makes it clear that the Russian soldiers died where they lay after their apparent surrender. The question now revolves around whether they were shot in response to the shooting of the 11th man or out of “revenge,” Iva Vukusic told the NYT. She is a war crimes expert at Utrecht University.

1. Geneva Convention, Chapter III, Paragraph 1:
Persons not taking direct part in hostilities, including members of the armed forces who have laid down their armsand those who are incapacitated by disease, injury, imprisonment or any other cause shall be treated with humanity in all circumstances […]
To this end, with respect to the above persons, it is and will remain prohibited at all times and in all places:

a. Assaults to life and limb, namely murder of any kind, mutilation, cruel treatment and torture […]
i.e. Convictions and executions without prior judgment by a duly constituted tribunal providing the legal guarantees recognized as indispensable by civilized peoples.

Since the Russian soldiers have apparently surrendered, they are regarded as “hors de combat”, ie people who are not (or no longer) participating in combat operations. In that case, according to the Geneva Convention, it would be forbidden to shoot them.

What contradicts it?

But Vukusic also says the eleventh soldier’s behavior could be considered “treacherous.” According to an addition to the Geneva Convention, this is also prohibited and a war crime. This raises the question of whether the Russian soldiers planned this together or whether the Eleventh carried out the action alone. In the first case, the Ukrainians would probably be acquitted.

Additional Protocol to the Geneva Conventions, Part III, Section I, Article 37, Paragraph 1:
It is prohibited to kill, injure or capture an opponent by stealth. Treason is any act that an opponent is tempted to commit with the intent to betray his trust to have confidence that he is entitled to or obliged to receive protection under the rules of international law applicable in armed conflict. The following actions are examples of malice:

a) Pretend to negotiate or surrender under parliamentary flag
[…]

Several Twitter users with a military background are convinced that the behavior of the Ukrainian team was correct. The Russians had not yet been searched for concealed weapons, so the soldier with the machine gun was ordered to open fire at the slightest movement. This is a standard behavior trained in modern armies.

What are the reactions?

As expected, the videos caused quite a stir in Russia. Vlad Tatarsky, a well-known activist and blogger, writes on his Telegram channel that you need to watch the videos several times to understand who you are at war with here: “No Russian can live and sleep in peace as long as the scum is not dead! “

On a Friday night news broadcast on state broadcaster Pervij 1 (Channel 1), it was alleged that the videos were evidence of Ukrainian war crimes. The Russian Human Rights Council wrote in a statement that the recordings would be sent to international organizations. The Investigative Committee of the Russian Federation, the Russian counterpart of the FBI, has also launched an investigation.

Marta Hurtado, a spokeswoman for the UN human rights organization, told Reuters on Friday: “Allegations of executions of non-combatants must be immediately and fully investigated.” However, a specific investigation has not yet been announced.

Author:
Carl Philippe Frank

Soource :Watson

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Published by
Amelia

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