Report on – 33rd IC Resolution 1: Bringing IHL home: A road map for better national implementation of international humanitarian law (33IC/19/R1) – Ukraine

Has your State/National Society/Institution incorporated the commitments contained in this resolution into the relevant strategic or operational plans?

The commitments are incorporated into:
Strategy
Policy
Operational plan
Legislation (e.g. Law, Regulation, Statutes, Rules of Procedure etc.)

At the International, Regional, National level

Explanation:

Ukraine has been faithfully fulfilling its obligations under international humanitarian law (IHL), including the 1949 Geneva Conventions, despite complex challenges stemming from the Russian Federation’s full-scale military invasion of Ukraine in February 2022.

Consistent efforts have been made to revise and amend the legislation of Ukraine, particularly the Criminal Code of Ukraine, to ensure better integration of IHL and international human rights law.

An Information System on IHL Violations was created in Ukraine to document all IHL violations, including serious violations (war crimes, crimes against humanity), which have been committed on a significant scale during the international armed conflict (IAC) between the Russian Federation and Ukraine.

Major accomplishments include:

• improved work of the National Information Bureau for Prisoners of War and Protected Civilians,
• the rules for the treatment of prisoners of war (POWs) from the opposing side have been strictly followed. Moreover, Ukraine seeks to repatriate POWs through POWs exchanges without waiting for the end of the armed conflict,
• strict control over IHL compliance has been exercised on the battlefield,
• IHL violations are monitored throughout the territory of Ukraine,
• measures have been taken to prevent and stop IHL violations as well as ensure proper investigation of such violations and prosecution of those responsible,
• mechanisms and programmes for spreading knowledge of IHL among all groups (military, judges, law enforcement officers, doctors, first responders, public servants, teachers, pupils, students, and the general public) are being improved and expanded.

IHL Commission activities

Since 2017, the Interdepartmental Commission on the Application and Implementation of International Humanitarian Law (IHL Commission) has been operating in Ukraine, which is an advisory body to the Cabinet of Ministers of Ukraine mandated to coordinate the implementation of Ukraine`s obligations under IHL.

The IHL Commission is chaired by the Deputy Prime Minister of Ukraine – Minister for Reintegration of the Temporarily Occupied Territories and includes representatives of line government agencies, security, and defence forces, law enforcement, and special bodies at the level of deputy ministers, deputy heads, chiefs, and commanders, as well as representatives of the ICRC, Ukrainian Red Cross Society, UN Human Rights Monitoring Mission in Ukraine, academia and civil society organizations specializing in IHL and human rights.

Since February 2022, the work of the IHL Commission has increased considerably and 6 meetings were held during this period. The IHL Commission carries out rulemaking, evaluation, analytical, information, and methodological work to ensure effective and comprehensive implementation of IHL norms in the legislation of Ukraine, fulfillment of Ukraine’s international obligations, and proved an effective tool for formulating and promoting national IHL policy.

The Commission has established seven standing working groups that involve a wide range of specialists from specific areas of IHL.

Seven thematic groups cover:

• documentation of war crimes;
• protection of cultural property;
• protection of the environment from the consequences of the armed conflict;
• protection of civilian population and assistance to victims of armed conflict;
• methods and means of warfare;
• treatment of prisoners of war;
• dissemination of IHL knowledge.

Development and implementation of state policy

The Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine is a lead agency in promoting IHL implementation at the national level. It spearheaded the adoption of a series of amendments to the legislation of Ukraine as well as twenty resolutions of the Cabinet of Ministers of Ukraine, and other normative acts that allowed for better IHL implementation and effective mechanisms in place.

The Ministry of Reintegration has been also coordinating activities to implement IHL norms and respond to IHL violations through four thematic coordination mechanisms which act as advisory bodies of the Government of Ukraine and are headed by the Deputy Prime Minister of Ukraine – Minister for Reintegration of the Temporarily Occupied Territories:

• on protection of the rights of the child under martial law,
• on facilitating access of Ukrainian citizens from the temporarily occupied territory of Ukraine – through the territory of other countries – to the Government-controlled territory of Ukraine, assisted return to Ukraine,
• on the mandatory evacuation of the population under martial law,
• on de-occupied territories.

Authorities, military, and special bodies that are part of those coordination mechanisms have been coordinating activities to ensure the implementation of Ukraine`s obligations under IHL, including providing protection to the civilian population, procedural safeguards, and judicial guarantees, preventing and putting an end to IHL violations, monitoring, documenting and ensuring responsibility for IHL violations.

Regular monitoring of IHL compliance in the context of the armed aggression against Ukraine has been carried out. Monitoring results are summarized, made public, and sent to the Ministry of Foreign Affairs of Ukraine for onward transmission to international human rights organizations. Monthly and annual reports are issued and forwarded to the Office of the Prosecutor General, Security Service, and Ukrainian Parliament Commissioner for Human Rights as well as to the international human rights organizations.

National Information Bureau

On 17 March 2022, in connection with the large-scale invasion of Ukraine, the National Information Bureau (NIB) was established under the purview of the Ministry of Reintegration in line with the 1949 Geneva Convention relative to the Treatment of Prisoners of War and 1949 Geneva Convention relative to the Protection of Civilian Persons in Time of War.

The NIB of Ukraine has been fulfilling Ukraine`s obligations under the mentioned Geneva Conventions and has been sharing all information about the prisoners of war in Ukraine`s custody with the ICRC Central Tracing Agency, which acts as an intermediary between Ukraine and the Russian Federation.

NIB`s mandate also covers collecting information about Ukrainian citizens affected as a result of the armed aggression: prisoners of war, detained civilians, hostages held by the opposing party, and missing persons. It has been collecting and summarizing data on prisoners of war, the dead and the missing, civilians illegally detained by the Occupying Power, as well as civilians, including children, deported or forcibly displaced by the Occupying Power.

In addition, the NIB sends requests to the ICRC Central Tracing Agency to find out the fate of illegally detained persons. The NIB immediately informs the families of any information updates and information received from the ICRC Central Tracing Agency.

Prisoners of war

Since 2022, with a new phase of the international armed conflict between the Russian Federation and Ukraine, the 1949 Geneva Conventions have been thoroughly implemented in the legislation of Ukraine (from the laws of Ukraine to normative acts of the ministerial level).

In 2002, the Government of Ukraine established the procedures for handling and treatment of prisoners of war (POWs) in line with international law and designated the national agency responsible for performing the functions of the National Information Bureau.

Additionally, in accordance with the Law of Ukraine “On the Defense of Ukraine”, the Government of Ukraine:

– approved the procedure for the implementation of measures regarding the treatment of POWs in a special period,

– approved the procedure for keeping POWs,

– created the Coordination Staff for the treatment of POWs (Coordination Staff),

– approved the procedure for the transfer of enemy POWs to the enemy Power and the release of defenders of Ukraine who are in the hands of the enemy Power.

The above-mentioned measure has been a result of Ukraine`s proactive initiative, taking into account the lack of normative regulation of the exchange of prisoners of war in IHL, particularly the 1949 Geneva Conventions.

The relevant ministries and agencies also adopted their normative acts in this regard.

Instruction on the procedure for the implementation of IHL norms in the Armed Forces of Ukraine was approved by the order of the Ministry of Defence of Ukraine No. 164 dated 23 March 2017, setting out in its Chapter 14 provisions on the treatment of prisoners of war.

In the context of the provisions of the 1949 Third Geneva Convention regarding the creation of Mixed Medical Commissions, Ukraine with the involvement of the ICRC adopted “Terms of Reference. Mixed Medical Commissions” on 18 August 2023.

Coordination Staff`s working group on the protection of rights and freedoms of civilians was created, headed by the representative of the Ukrainian Parliament Commissioner for Human Rights, to verify the identity of Ukrainian civilians in the hands of the enemy Power, find out places of their detention, and ensure their return to Ukraine.

Ukraine has facilitated the implementation of the ICRC mandate, including through granting ICRC full access to internment facilities where POWs were held (in 2023, ICRC visited such facilities in Ukraine more than 70 times), which cannot be said of the enemy Power.

As required by IHL, Ukraine ensured the right of the enemy prisoners of war to inform family members of their capture and condition, as well as to receive information from their relatives: every prisoner of war has the right to call relatives weekly/monthly, send/receive letters (through the Information Bureau and ICRC). From its side, the enemy Power does not provide such an opportunity to Ukrainian prisoners of war held in its captivity.

In contrast to the enemy Power, Ukraine has been providing POWs held in its captivity with sufficient food rations and medical attention. According to the testimony of Ukrainian soldiers released from captivity, they had not received any visits by ICRC representatives to monitor the conditions of their internment, including medical treatment of the wounded. Those released from the enemy captivity emphasize the cruel treatment and report facts of torture, and physical and psychological violence by representatives of the enemy Power. They return from captivity exhausted, with weight loss, limbs lost, without proper medical treatment, etc.

To identify all seriously ill or seriously wounded prisoners of war for their further repatriation or hospitalization in neutral countries, Ukraine together with the ICRC created mixed medical commissions (MMC), the functioning of which on both sides of the armed conflict is provided for by the 1949 Third Geneva Convention. The enemy Power has been informed by the Ukrainian Side about the creation of a mixed medical commission and the corresponding obligations regarding the creation of the MMC in August 2023. The enemy Power has not yet provided an answer regarding the creation of such a commission in its territory, depriving the wounded and sick prisoners of war of the opportunity to be repatriated or continue being treated in a neutral country.

Dissemination of IHL and promotion the respect for IHL

The IHL Commission, with the involvement of relevant state institutions, has improved the teaching of IHL and the inclusion of elements of IHL in formal education curricula.

In particular, an introductory course “Studying International Humanitarian Law” has been offered for the 10th-11th grades of general secondary institutions in Ukraine.

Efforts are ongoing to include the elements of IHL in the curricula of standard school disciplines, such as history, basics of jurisprudence, and socio-political subjects.

Progress has been achieved in integrating IHL into the curricula of both general and specialized higher education institutions (medical, emergency, police, and military); questions on IHL have been included in the unified state exam for law students.

Many public authorities, especially those dealing with IHL implementation, have run training events to introduce their staff to IHL principles and ethical behavior in law enforcement.

The Legal Department of the Ministry of Defense of Ukraine (MoDU), as a coordinator of IHL dissemination activities within the Armed Forces of Ukraine (AFU), State Special Transport Service (SSTS) as well as the MoDU itself, has ensured the dissemination of IHL. It is based on 5 concrete principles: 1) importance, 2) system, 3) complementarity, 4) practicality and 5) standardization.

Importance of IHL dissemination means that every service(wo)man within the MoDU system should receive IHL training. More than 10 years of intensive IAC proved such a necessity. Therefore, every service(wo)man by law is obliged to know and comply with IHL treaties, to which Ukraine is a Party.

System. IHL dissemination is ensured systematically. Ad hoc training conducted only by NGOs does not meet military needs. To be run in a systematic manner means that the IHL component must be integrated into the already existing military education and training system. Only thoroughness makes IHL an integral part of the training of every service(wo)man.

Complementarity. Being integrated into the military education and training system at all levels, the content of the IHL component must complement the IHL module delivered at the previous level of training. Complementarity saves time and ensures that IHL knowledge is obtained in a progressive manner.

Practicality. Different categories of military personnel need different levels of IHL knowledge. The content of IHL training is fully dependent on the military specialty and functions of the particular category of military personnel. IHL training must include not only theoretical knowledge (lecture) but contain practical exercises and cases. They are shaped by lessons learned from the experience of the ongoing IAC.

Standardization. A high increase in the number of the Armed Forces of Ukraine has necessitated providing training to more military personnel. Such trainings are delivered in Ukraine and abroad (by instructors of Partner Nations) as part of the military assistance. Being geographically separated during the training, military personnel of the AFU are deployed together to perform the same mission. Their knowledge and understanding of IHL should be the same. To ensure this, IHL standards for training different categories have been developed.

For example, in March 2024, the MoDU together with international partners held a Joint Training Working Group on the law of armed conflict (JTWG on LOAC), having developed an IHL training governance model and vector training matrix and teaching points.

Geneva Conventions and API thereto clearly identify concrete forms of IHL dissemination. The most relevant to the MoDU system are: 1) part of the programs of military instruction and 2) dissemination of the texts of the Geneva Conventions. Both are used during the IHL dissemination in the MoDU system. The first form is ensuring institutionalism and capacity building, and the second one is more flexible and allows to react on urgent needs the MoDU system might have because of the dynamic ongoing IAC. Both forms are used simultaneously and complement each other with their advantages.

Integration of IHL into military doctrine, education, and training

Ukrainian legislation provides concrete IHL-related competencies, which different categories of servicemen should obtain during their education and training.

The privates are required to:

• know the IHL Soldier`s Card, basic IHL provisions, and responsibility for their violations;
• be able to comply with IHL during combat activities.

Training of privates consists of Basic Military Training (BMT) and Professional Training. The BMT is mandatory for every private and aims to provide basic knowledge, skills, and abilities to perform military duties. The IHL module is an integral part of the BMT. During peacetime the BMT includes a 1-hour IHL module, however, during martial law, the BMT for mobilized personnel contains 2 IHL modules (1 hour per each). Such a ratio clearly shows military leadership`s understanding of the significant role IHL plays in the training of the military personnel to be deployed to the combat zone.

Nowadays, the BMT for the military personnel of the AFU is also run on the territory of Partner States as part of the military assistance. To ensure the same level of IHL knowledge is provided as well as lessons learned from the international armed conflict between the Russian Federation and Ukraine are included, the IHL BMT Package was developed by the MoDU Legal Department.

The IHL BMT Package is a full standard IHL module in the BMT. It includes all necessary materials for 2 IHL modules (1 hour per each). The IHL BMT Package consists of 4 interrelated products: Presentation, Lecture (textual material), List of frequently asked questions and answers as well as IHL Soldier`s Card. All products are connected through the same structure, which includes: 1) the Purpose of IHL, 2) Why IHL must be obeyed?, 3) IHL principles, 4) the Procedure for capturing POWs, 5) Means and methods of warfare, and 6) Responsibility for IHL violations.

The usage of the IHL BTM Package allows the senior official to be sure of the quality of the IHL material delivered, despite the fact who is delivering it and where. Its suitability was proved by Partner States during the JTWG on LOAC in March 2024.

The sergeants are required to

• know the IHL Soldier`s Card, basic IHL provisions, and responsibility for their violations;
• be able to comply with IHL during combat activities as well as ordering the subordinates.

During peacetime basic level of sergeant training consists of the Leadership Course and Professional Training. The Basic Leadership Course is standardized for sergeants of all military specialties. Therefore, the IHL module «Character of the contemporary combat activities (operations)» is delivered within it. The duration of the IHL module is 3 hours. It includes the definition of IHL, main provisions on combatants, non-combatants, civilians, IHL rules during the combat activities as well as ensuring the compliance with IHL by subordinates during the combat activities. Sufficient knowledge of the mentioned IHL aspects provided to the future squad leader ensures compliance with IHL on the lowest level. The first and the lowest level of commanders, squad leaders, directly command the subordinates during combat activities and ensure the direct link with compliance with IHL.

The officers of the tactical level are required to:

• know and understand IHL provisions and principles and comply with them during combat activities;
• have practical skills to implement theoretical knowledge during the decision-making process and provide clear instructions to subordinates during combat activities;
• know the methodology of delivering IHL to subordinates.

In the Military high school, theoretical IHL training is provided within the subject «Main aspects of the legislation of Ukraine». Practical skills in compliance with IHL in combat activities are gained within the operations, tactics, and other military special subjects.

In addition, officers of the legal service of the MoDU system are obliged to:

• know and comply with IHL;
• be able to perform LEGAD`s (legal advisors) functions;
• know the methodology of delivering IHL to different categories of military personnel.

Education of the officers of the MoDU legal service (on the tactical level) is provided by the Military Law Institute of the Yaroslav Mudryi National Law University subordinated to the MoDU Legal Department.

The cadets receive international law training in several phases, from general to concrete. In the 3d year of education, future officers of the legal service have the course «International Public Law» where cadets are introduced to the theory and history of international law, international relations, and the sources of international law. This course aims to give a general understanding and serves as a basis for further in-depth courses.

In the 4th year of education, future officers of the legal service have the course «International Privat Law». It aims to provide sufficient knowledge on the role and meaning of International Private Law, especially within Ukraine’s integration into the European Union.

In the 5th year of graduation, after obtaining knowledge in the military sphere as well as in basic international law, cadets have the IHL course. It aims to provide 1) knowledge of historical perspectives of IHL, main aspects and legal basis of IHL; 2) understanding of connections and differences between IHL and other branches of international law and 3) ability to qualify the type of the armed conflict and identify applicable legal regime.

This approach allows for broader and more systematic knowledge and understanding of IHL for future officers of the MoDU`s Legal service.

Officers of the operational and strategic levels are required to:

• have deep IHL knowledge, including on command responsibility;
• have practical skills to implement theoretical knowledge during the decision-making process and provide clear instructions to subordinates during the operations;
• know the methodology of delivering IHL to subordinates;
• be able to conduct a legal analysis of contemporary armed conflicts.

Officers of the operational and strategic levels conduct their studies at the National Defense University. One of the subjects delivered to all of them is the «Law of armed conflict». It is standardized and delivered to officers of all military specialties. Its total duration is 60 academic hours.

Within the course, officers of the operational and strategic levels learn 16 topics, including military aspects of international law, law of armed conflict, Hague Law, parties to armed conflict, protection of victims of war, protection of civilian objects, cultural property protection, prohibited means and methods of warfare, occupation, compliance with IHL during planning and conduct of operations, IHL implementation in national legislation, IHL violations and responsibility.

The course ends with the exam, which officers are obliged to pass to obtain the operational level of military education. Such an approach ensures that future offices at the operational level gain a sufficient level of IHL knowledge and understanding.

In Ukraine, purely IHL training courses are mostly delivered by military high schools.

IHL (LOAC) training course for the MoDU legal service is run several times a year by the Military Institute of the Taras Shevchenko National University. It aims to provide deep knowledge on IHL interpretation and compliance in the context of repealing the armed aggression against Ukraine. Its general length is two weeks, within which two modules are delivered: 1) Jus ad bellum. International security law and 2) IHL (LOAC): sphere of application, principles, categories, responsibilities. To keep the training course practical and updated, representatives of different IHL-related national bodies (The Office of the Prosecutor General (the OPG), the Ministry of Justice, the Ministry of Defense, the National Informational Burau, etc.), the Ukrainian Red Cross Society and the ICRC are usually invited.

Representatives of the MoDU system have been actively participating in residential training courses held by internationally well-known IHL-related organizations such as the International Institute of Humanitarian Law (Sanremo, Italy), the NATO School (Oberammergau, Germany), the Defense Institute of International Legal Studies (Newport, USA). This offers a good opportunity to gain knowledge, share contemporary experiences obtained in the ongoing IAC, and join the pool of IHL experts.

Participation in the mentioned training courses is also coordinated by the MoDU Legal Department. This allows to select representatives depending on their functions and experience as well as to ensure further practical implementation of gained expertise.

The training course on IHL and the operational planning process is conducted for LEGADs, commanders, and planning officers of the operational level. Joint training contributes to the common understanding of the roles of different officers during the planning and conduct of operations. It also ensures the understating of IHL compliance as a crucial part of the operational planning process. The goal of the course is to provide a sufficient level of knowledge on compliance with IHL during the planning and conduct of operations. The training course is run by the National Defense University.

LEGADs is one of the categories expected to have deep IHL understanding, therefore IHL component is integrated into all training courses delivered to them.

Training courses for representatives of legal services aim to keep the professionalism of this category at a level sufficient to perform functions. Within the total duration of 120 academic hours, participants receive 1 of the 4 modules on military aspects of international law. The module includes topics on legal aspects of international security, jus ad bellum, implementation of IHL provisions, and international criminal law. This course is held twice per year by the Military Institute of the Taras Shevchenko National University.

Those training courses are organized on a systematic basis, however, both purely IHL training courses and training courses with IHL components sometimes are run ad hoc. It is crucial to ensure that ad hoc activities do not duplicate systematic training courses and are performed complementary.

The MoDU Legal Department is responsible for the coordination of IHL-related ad hoc training courses. Usually, they are held in cooperation with partners, mostly NGOs, flexible enough to address urgent MoDU requests and needs.

Innovative and digital means to promote respect for IHL

Digital tools for IHL dissemination among service(wo)men have been also introduced, particularly through the Internet, phones, and television.

• An IHL database was established which includes concrete examples of compliance with IHL during the contemporary armed conflicts. It aims to prove that IHL works by providing concrete cases of IHL compliance. The database consists of different IHL topics and sub-topics. Each subtopic contains a general legal analysis and a table of practical situations (cases) with visual materials.

The IHL database is the first project to merge legal and media components. It is intended for the education and training of both military and civilian persons from Ukraine and abroad.

• Basic IHL Game, a phone application, was developed as a complementary mechanism to the IHL module within the Basic Military Training (BMT). It aims to test IHL knowledge by addressing different practical situations as part of the game. The Basic IHL Game covers the same IHL topics as the BMT.
• TV Project «The Rules of War» was run in the “Snidanok with 1+1”, a popular morning show in Ukraine. It seeks to broadly spread IHL knowledge on the main IHL-related topics, standards of behavior for military personnel to ensure the protection of civilians, etc. The project is implemented by IHL experts, including from the MoDU, and showcases informative and enlightening experiences and practices.

The TV project consists of 1 promo video and 5 showcase stories (explainers), dedicated to different topics – cultural heritage, the wounded and sick, civilian and military objects, protection of journalists, and war crimes. Different communication channels (1+1 Ukraine TV channel, Bigudi TV channel, Youtube, Facebook, Instagram) have been used to run the project and spread IHL knowledge.

Protection of the victims of the armed conflict. Aiding the most vulnerable groups affected by the armed conflict. Humanitarian assistance.

The Government of Ukraine in close cooperation with international humanitarian organizations, NGOs, and states-partners has been providing timely and adequate humanitarian assistance to the most vulnerable groups of Ukrainians who suffered as a result of the armed aggression against Ukraine, including women, children, and people with disabilities.

11 Survivor Assistance Centers have been established in Ukraine (Kyiv, Zaporizhzhia, Dnipro, Lviv, Chernivtsi, Mukachevo, Kherson, Kharkiv, Poltava, Odesa, Kropyvnytskyi) where persons who have left the combat zones and/or the temporarily occupied territories can get needs-tailored humanitarian assistance, protection services and support (psychosocial support, legal assistance, and counseling, healthcare, shelter/accommodation, compensation for moral and material damage incurred), and access services (education, professional training, employment etc).

With the support of the World Health Organization (WHO), the United Nations Children’s Fund (UNICEF), the United Nations Development Program (UNDP), and others, the Ministry of Social Policy of Ukraine has rolled out comprehensive social services for building resilience of the population, which aim to ensure mental health and psychosocial support, reduction of the general level of stress and anxiety among the population, development of psychological first-aid skills, psychological support for parents, development of parenting skills and care for children. Particular emphasis has been made on providing MHPSS to the most affected persons, including internally displaced persons and hosting/affected communities, vulnerable groups, veterans, and former conflict-related detainees.

The pilot project is being implemented from December 2023 – December 2024, reaching out to 199 territorial communities in 22 regions of Ukraine.

The Ministry of Social Policy is introducing social adaptation services for veterans and their families to ensure their return to civil life after demobilization.

Enhancement of legislation on investigation and prosecution of IHL violations

On 3 May 2022, the Law of Ukraine “On Amendments to the Criminal Procedure Code to Ensure Ukraine’s Cooperation with the International Criminal Court” (No. 2236-IX) was adopted, by which the procedure and peculiarities of cooperation between the competent authorities of Ukraine and the International Criminal Court on the basis of the Rome Statute were established.

On 14 February 2024, Ukraine signed the Ljubljana-the Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes, and Other International Crimes.

Also, the Ministry of Justice of Ukraine has developed a draft Law of Ukraine “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine”, which aims at bringing the provisions of the Criminal Code of Ukraine in line with international law, including the Rome Statute, and establishing criminal liability for the so-called core crimes under international law (genocide, aggression, crimes against humanity and war crimes).

Has your State/National Society/Institution been working with other partners to implement the commitments contained in this resolution?

Partner with:
National Red Cross or Red Crescent Society in your country
ICRC/IFRC
Other National Red Cross or Red Crescent Societies
Humanitarian and development partners (e.g. UN, NGOs etc.)
Academia
Other

Examples of cooperation:

Memorandums of Cooperation were signed between the relevant ministries, agencies, regional military administrations (RMAs), including RMAs in the front-line regions, and the International Committee of the Red Cross. The documents have provided for the ICRC support in humanitarian response, and IHL implementation and have been a welcome development towards strengthening partnership relations, resilience of the population, sustaining aid delivery and protection services.

On 12 December 2022, a Memorandum of Cooperation was concluded between the Ukrainian Parliament Commissioner for Human Rights and the Ukrainian Red Cross Society, which aims at promoting coordination towards preventing violations of human rights and freedoms, providing assistance to the most war-affected vulnerable groups of the population.

The ICRC has been helpful in establishing mixed medical commissions in Ukraine to identify all seriously ill or seriously injured prisoners of war eligible for further repatriation or hospitalization in neutral countries.

IHL training courses are conducted abroad as part of international military assistance and cooperation with IHL-related organizations.

In 2023, the Ministry of Defence of Ukraine sent a request to the partner states to conduct IHL Courses for LEGADs and instructors of the UAF training facilities. As a result, a series of courses took place in France and Germany.

From December 2023 till May 2024, 4 LEGAD and Instructor IHL training courses (15 persons per each) were conducted by France. The curriculum and training materials were drafted in close cooperation. This allowed for the inclusion of cases and lessons learned from the ongoing IAC and increased practicality and needs orientation of the courses.

From December 2023 till May 2024, 2 LEGAD IHL training courses (15 persons per each) were conducted by Germany. Joint training with the German students created a unique platform not only to gain IHL knowledge and practical skills but also to build a horizontal network among Ukrainian and German LEGADs.

In cooperation with the International Committee of the Red Cross, the Ukrainian Red Cross Society, and the British, Canadian, and Danish Red Crosses, two annual summer schools on IHL were successfully held in Kyiv.

Have you encountered any challenges in implementing the commitments contained in this resolution?

With challenges on:
Other

Details about challenges:

Major challenges include:
– Non-cooperation and IHL non-compliance of the enemy Power;
– Widespread grave breaches of IHL committed by the enemy Power.

Details about challenges:

The source of major concern is non-compliance by the enemy Power with IHL norms, particularly as regards conditions of internment of prisoners of war and detention of persons illegally deprived of their liberty, their exchange/repatriation/return. In line with the 1949 Third Geneva Convention, Ukraine has created camps for the internment of prisoners of war, while the enemy Power has failed to do so. Ukrainian prisoners of war are held in penitentiary colonies in inadequate conditions.

The Ukrainian Side has received no response from the enemy Power to its proposal to involve the ICRC as a mediator in the process of exchanging prisoners of war and returning civilians, as required by the 1949 Geneva Conventions.

The ICRC representatives have been denied access by the enemy Power to places of detention of Ukrainian prisoners of war and civilians illegally deprived of their liberty. In particular, no access was allowed to a penal colony near Olenivka town, the temporarily occupied part of the Donetsk region of Ukraine, where the mass murder of Ukrainian prisoners of war took place on 29 July 2022.

Thus, the enemy Power has been systematically violating the norms of the 1949 Geneva Convention relative to the Treatment of Prisoners of War, including its articles 3, 13, 15, 17, 18, 20, 21, 22, 25, 26, 30, 31, 46, 48, 69, 70, 88, making it impossible for the ICRC to implement fully its mandate to ensure the protection of the Ukrainian prisoners of war held by the enemy Power, as required by the said Convention.

Another major concern is the fate of Ukrainian civilians illegally detained by the enemy Power who cannot be considered combatants and must be released in line with the provisions of the 1949 Geneva Convention relative to the Protection of Civilian Persons (the Fourth Geneva Convention). The enemy Power refuses to return civilian detainees, while numerous violations of their rights have been recorded by international human rights mechanisms, including enforced disappearances, deportation, cruel, inhuman, and degrading treatment, and torture. For the most part, civilian hostages are held incommunicado by the enemy Power, being deprived of the opportunity to inform relatives about their whereabouts, as well as proper legal assistance (art. 31-34, 70 of the Fourth Geneva Convention).

In violation of its obligations under IHL, the occupying Power has been pursuing the illegal campaign of forced “passportization” and military conscription in the temporarily occupied territories of Ukraine.

Humanitarian access to the temporarily occupied territories of Ukraine has been consistently denied by the occupying Power.

As a result of the full-scale invasion, more than 11 million citizens cannot return to their homes. Fleeing the war, about 6.5 million Ukrainians have temporarily relocated abroad, and a further 4.8 million remain internally displaced. The primary burden of this forced displacement is borne by women, children, older people, and people with disabilities. Approximately 14.6 million people, or 40% of the population, need humanitarian assistance and protection.

The humanitarian situation in Ukraine has been increasingly challenged by daily missile and drone attacks on civilians and critical civilian infrastructure, in blatant violation of international humanitarian law.

Widespread and systematic strikes on critical civilian infrastructure, first of all on the energy grid, disrupted vital services, such as electricity, heating, and water, and made access of millions of people to health, education, and social services ever more challenging, fueling a protracted humanitarian and displacement crisis.

First responders, humanitarian and medical personnel, engaged in humanitarian response, their transport, equipment, warehouses, and health care facilities, have been systematically targeted by the enemy Power.

Have the commitments contained in this resolution had an impact on the work and direction of your State/National Society/Institution?

Type of Impact:
Programming and operations have become more effective and efficient
Innovative tools/methodologies have been developed and are utilized
Partnerships with other humanitarian actors have been created or enhanced

Details about the impact:

A whole-of-government approach has allowed for strengthened implementation of Ukraine`s obligations under international humanitarian law.

The Government of Ukraine has been working systematically to spread knowledge of IHL and integrate international humanitarian law into military education and training curriculums, as well as in civilian education curriculums.

A functioning system for internment and treatment of prisoners of war in line with the 1949 Third Geneva Convention has been established in Ukraine.

Have the commitments contained in this resolution had an impact on the communities that your State/National Society/Institution serves?

Description of the impact:

With valuable assistance from international partners, Ukraine has managed to ensure an effective humanitarian response, assistance, and protection of the war-affected population, focusing on the most vulnerable groups.

Taking into account the protracted nature of the international armed conflict, and the massive destruction and damage to civilian infrastructure it caused, Ukraine has been implementing the humanitarian-development nexus to reduce vulnerabilities and build resilience in the affected communities and the most vulnerable groups. Consistent efforts are underway to advance recovery and rehabilitation, including through the restoration of residential buildings, and critical civilian infrastructure, and facilitating an enabling socio-economic environment for achieving durable solutions.