Russia’s Violations of Customary IHL: Attacks on Civilians and Blockade of Humanitarian Aid
Beyond the Geneva Conventions, Russia has systematically violated customary international humanitarian law — general principles binding on all states in any armed conflict. These rules are codified in the Customary IHL Rules (ICRC, 2005) and affirmed by the International Court of Justice, the International Criminal Court, and various ad hoc tribunals.
Key Principles of Customary IHL Violated by Russia
- Principle of Distinction (Rule 1)
Parties must distinguish between civilians and combatants, and civilian vs. military objects.
Violation: over 30,000 attacks on civilian objects (UN, 2025) — hospitals, schools, residential buildings; strike on maternity hospital in Mariupol (2022). - Principle of Proportionality (Rule 14)
An attack is prohibited if expected civilian harm outweighs military advantage.
Violation: missile strikes on Amstor shopping center (Kremenchuk), Mariupol Drama Theatre — hundreds of civilian casualties with no military purpose. - Principle of Precaution (Rules 15–21)
All feasible precautions must be taken to avoid civilian harm.
Violation: use of cluster munitions in Kharkiv, phosphorus shells, kamikaze drones targeting cities. - Prohibition of Indiscriminate Attacks (Rules 11–12)
Attacks that cannot be directed solely at military objectives are prohibited.
Violation: large-scale missile strikes on energy infrastructure (2022–2023), causing humanitarian crisis in winter. - Ensuring Humanitarian Access (Rule 55)
Humanitarian assistance must not be impeded.
Violation: blockade of Mariupol (2022), denial of "green corridors," attacks on UN and Red Cross convoys. - Protection of Medical Personnel (Rules 25–30)
Medical personnel, transports, and facilities must be protected.
Violation: 1,682 attacks on medical facilities (WHO, 2025), killings of healthcare workers, seizure of hospitals.
International Assessment
- ICC: arrest warrants for attacks on civilian infrastructure (Art. 8, Rome Statute).
- UN Commission (2023–2025): "systematic, widespread violations of customary IHL."
- ICRC: 2022 statement — "Russia violates fundamental principles applicable in all wars."
- HRW, Amnesty International: document indiscriminate attacks as war crimes.
Legal Force of Customary Law
Even if Russia has not ratified the Geneva Conventions, customary IHL is binding (Art. 38, ICJ Statute). It applies to all conflicts — both international and non-international.
Consequences
- Violations constitute war crimes subject to universal jurisdiction.
- Basis for prosecutions in third countries (Germany and Lithuania have opened cases).
- Evidence for ICC proceedings and a special tribunal on aggression.
Sources
Primary Legal Source
The legal analysis in this article is based on Customary International Humanitarian Law (ICRC, 2005) and jurisprudence of ICC and ICJ.
Reference edition:
Customary IHL – Official ICRC Database.
About the Authors
This article was curated and verified by a team of experts in international law, human rights, and geopolitical analysis. Contributors have 15+ years of experience in research, legal documentation, and educational content development.
Methodology
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Expert Statement
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Last modified date: 25/11/2025