The Legality of Military Targeting in War: A Closer Look at Russia's Actions in Ukraine

Understanding the Legality of Military Targeting

The question of legality during wartime often revolves around the principles enshrined in international law, particularly the Geneva Conventions and the Hague Conventions. These treaties aim to protect civilians and non-combatants from the horrors of war. Yet, the enforcement and adherence to these principles remain inconsistent, as evidenced by Russia's actions in Ukraine.

International Law and Military Responsibility

According to international law, it is absolutely unacceptable for any military force to target or harm civilians and civilian infrastructure. This principle is articulated in Article 51(5) of the Additional Protocols to the Geneva Conventions, which states that: ‘Under no circumstances shall civilians be the object of attack, even if they take part in belligerent acts.’

Additionally, the Russian Criminal Code outlines severe penalties for war crimes, including the act of targeting innocent civilians. The violation of these codes can lead to severe legal consequences for those responsible.

Specific Violations and Their Consequences

Russia's invasion of Ukraine has been marred by numerous instances of grave violations of international law. For instance:

Use of Cluster Munitions in Civilian Areas

Amnesty International has documented the bombing of a preschool in Okhtyrka by Russian cluster munitions from a 220 mm BM-27 Uragan rocket, resulting in the death of three civilians, including a child. This act is an outright violation of international humanitarian law, as schools and child care facilities are explicitly protected under the Fourth Geneva Convention.

Continuous Violation during Ceasefires

On March 5, a five-hour ceasefire was declared. However, as the International Committee of the Red Cross (ICRC) reported, there were continued shelling during the declared time, making it impossible to evacuate civilians safely. The next day, the ICRC announced the failure of a second evacuation attempt due to mined routes. On March 7, U.S. Ambassador to the OSCE, Michael Carpenter, pointed out that Russian forces bombed agreed-upon evacuation corridors while civilians were trying to use them, further violating the principles of a ceasefire and humanitarian aid.

Nuclear Power Plant Threat

Russian forces attacked the Zaporizhzhia Nuclear Power Plant, the largest in Europe, which posed a significant risk of a global environmental disaster akin to the Chernobyl disaster in 1986. This action, under international law, falls squarely within acts that threaten civilian populations and natural resources, making it a war crime of the highest order.

Civilian Massacre in Chernihiv

Russian troops killed 47 civilians in Chernihiv, many of whom were waiting in line for bread. While the precise accountability is under investigation, the U.S. White House reported that the area of the massacre did not contain any military targets. This, too, is a flagrant violation of the law of armed conflict.

Consequences and Lessons

While it is nearly impossible to bring a completely new war to halt a violation, the international community must hold Russia accountable for its actions. The prosecution of key personnel, including officers and soldiers who ordered and carried out these actions, is crucial to ensure that such crimes do not go unpunished. The war crimes trials that have already commenced, albeit at a low level, are a step in the right direction, emphasizing the importance of justice and legal accountability in conflicts.

Ultimately, the actions of Russia in Ukraine demonstrate the dire need for robust enforcement mechanisms and greater moral and political commitment to the principles of international law. As the Treaty on the Non-Proliferation of Nuclear Weapons (Treaty of Tlatelolco) outlines, the threat of war crimes must not be a reason to commit further atrocities. Instead, it should serve as a catalyst for peace, cooperation, and adherence to the fundamental legal principles that exist to protect all humanity.

War is a brutal reality, but it does not absolve any actor of the responsibility to uphold the law. The actions of Russia in Ukraine cry out for reaffirmation and implementation of international legal standards to prevent such atrocities in the future.