These are completely different concepts. War crimes are violations of the laws and customs of war. War crimes – violation of the order of military service.
. The Ukraine5am coalition explains the difference.
📢Coalition @ Ukraine5am answers questions 🇺🇦.
❓Are the concepts of war and war crime different?
✔️Yes, these are completely different concepts.
War crimes are violations of the laws and customs of war.
War crimes – violation of the order of military service ⤵️ pic.twitter.com/T2aCoeGfeO– Гюндуз Мамедов/Gyunduz Mamedov (@MamedovGyunduz) April 13, 2022
War crimes are serious violations of the laws or customs of war. These include killings (other than the killing of a combatant by a combatant) and torture in armed conflict, destruction or misappropriation of property without military necessity, conscription in the occupied territories, illegal movement of civilians, attacks on civilian objects, etc. War crimes in the Rome Statute of the Rome StatuteOf the International Criminal Court (Article 8 (2) stand alongside such crimes as genocide, aggression, crimes against humanity.
A military criminal offense is “… an offense against the procedure established by law for the conduct or military service committed by servicemen, as well as conscripts and reservists during the assembly.” The very concept of “war crime” disappeared from the Criminal Code of Ukraine in 2018. That is: non-compliance with orders, resistance to superiors, violation of subordination, arbitrary abandonment of the unit, desertion, violation of a number of established rules of military service, etc. (see Articles 401-435 of the Criminal Code of Ukraine).
Another important difference from war crimes is that war crimes can be committed only in the context of and in connection with an armed conflict. Military criminal offenses can be committed both during armed conflict and during military service in peacetime.
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< p> Despite the fact that Kyiv has undertaken to ratify the Rome Statute within the framework of the Association Agreement between Ukraine and the EU, the Ukrainian authorities have not yet done so. Why? How can this affect the international investigation of crimes committed by the Russian military in Mariupol, Kharkiv, Kherson, Bucha, Borodyanka, Irpen, Chernihiv, Volnovakha and many other Ukrainian cities and villages? Answers to these and other questions – in an interview with ZN.UA Deputy Prosecutor General of Ukraine in 2019-2021 Gunduz Mammadov « Why our country needs to ratify the Rome Statute ».
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