Violation of Laws and Customs of War: Ukraine First to Charge Russian Prosecutor

In a groundbreaking move, Ukraine has officially charged a prosecutor from the Rostov region of the Russian Federation for violations of the laws and customs of war. This unprecedented action was made possible through the diligent work of the Prosecutor's Office of the Autonomous Republic of Crimea and the city of Sevastopol, which is actively investigating war crimes committed during the ongoing conflict.

According to information provided by the press service of the Prosecutor's Office of Crimea, the charges were brought against the prosecutor who, as per the investigation, participated in the illegal criminal prosecution of Ukrainian special forces officer Oleksandr Liubas in 2024. This military serviceman was captured near the shores of occupied Crimea, and prosecutor Karan dashev, disregarding his status as a combatant, attempted to accuse him of terrorism.

The actions of prosecutor Karan dashev have been classified under part 1 of article 438 of the Criminal Code of Ukraine, which pertains to violations of the laws and customs of war. Reports indicate that the prosecutor insisted on Liubas being found guilty of terrorism and demanded the maximum prison sentence for him, despite the fact that he is a prisoner of war, which is a gross violation of international norms.

This incident has sparked outrage among human rights advocates and the international community, as prosecutor Karan dashev sought punishment for a prisoner of war for participating in an international armed conflict, contradicting the provisions of articles 87, 99, and 130 of the Geneva Convention on the Treatment of Prisoners of War, as well as articles 43, 45, and 75 of Additional Protocol I. The Prosecutor's Office emphasized that such actions represent a blatant violation of international humanitarian law.

As a result, Russian judicial authorities confirmed the 'guilt' of Oleksandr Liubas, sentencing him to several years of imprisonment for crimes he did not commit. This verdict serves as further evidence of how the Russian legal system employs political motives to persecute Ukrainian servicemen.

The Prosecutor's Office of Crimea also reminded that earlier, charges had been brought against judges of the Southern District Military Court of the Russian Federation and the Military Court of Appeals of the Russian Federation for violations of the laws and customs of war, indicating the systematic nature of such crimes. Pre-trial investigations in this case are ongoing and are being conducted by the Main Directorate of the Security Service of Ukraine in the Autonomous Republic of Crimea.

Since the beginning of the occupation of Crimea, the Prosecutor's Office of Crimea has submitted 1,136 indictments to the court, of which 402 verdicts have been issued. These figures demonstrate the active efforts of Ukrainian law enforcement in combating war crimes and protecting the rights of Ukrainian citizens.

In light of these events, it is crucial for the international community to continue supporting Ukraine in its quest for justice and adherence to international norms. Calls for accountability for war crimes must become a priority for all states that uphold human rights principles.

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