Analysis of Criminal Liability for the Issuance and Execution of Orders to Commit War Crimes by Servicemen of the Armed Forces of the Russian Federation: Features of Criminal Liability Under Ukrainian Legislation

Objectives: The article examines the issue of criminal liability for orders given by commanders and servicemen of the Armed Forces of the Russian Federation to their subordinates regarding violations of the laws and customs of war in Ukraine. It aims to establish the basis of criminal liability in such cases, focusing on the concept of command responsibility as outlined in international humanitarian law. Methods: The analysis is based on a review of judicial practice in Ukraine, specifically examining how courts address the actions of commanders and servicemen of the Armed Forces of the Russian Federation. The study investigates the legal framework surrounding command responsibility and the application of international humanitarian law in the context of the ongoing conflict. Results: The findings indicate that courts typically do not charge commanders and servicemen of the Armed Forces of the Russian Federation with the act of giving orders. Instead, they attribute specific violations of the laws and customs of war committed by their subordinates. The article confirms the formation of a legal axiom in judicial practice, stating that criminal liability arises for all servicemen of the Russian Armed Forces who, as part of a criminal organization, violate the laws and customs of war on the territory of Ukraine. An irrefutable legal presumption is identified, asserting that all servicemen are aware of and informed about the laws and customs of war they violated while executing criminal orders from the military-political leadership of the aggressor state. Conclusion: The article concludes that considering the actions of servicemen through the lens of factual circumstances that exclude the criminal unlawfulness of their actions, such as executing an order or directive, is unacceptable. This perspective aligns with the standards of international humanitarian law, reinforcing the notion that accountability must be upheld for violations committed during armed conflict.