Article 119 CCU: Manslaughter (Unintentional Killing)

Legal Qualification of Civilian Deaths by Negligence in Conflict Zones

Article 119 CCU establishes liability for manslaughter. Negligence includes:

Criminal recklessness: the person foresaw the possibility of socially dangerous consequences but recklessly relied on preventing them.
Criminal negligence: the person did not foresee the possibility of consequences, although they should and could have foreseen them.

Key Provisions of Article 119 (CCU)

Part 1 (Basic Offense): Manslaughter (Penalty: restriction or imprisonment from 3 to 5 years).
Part 2 (Aggravated Offense): Manslaughter resulting in the death of two or more persons (Penalty: imprisonment from 5 to 8 years).

Application in military operations: Mass civilian deaths from indiscriminate shelling of residential areas are qualified under Part 2 of Article 119 CCU, when the soldier had no direct intent to kill but should and could have foreseen the consequences of their actions. For example, attacks on densely populated areas in Mariupol, Kharkiv, or Chernihiv, where no military targets were present, often fall into this category.

Connection with War Crimes

Acts under Article 119 CCU may accompany crimes under Article 438 CCU, since international humanitarian law prohibits indiscriminate attacks causing civilian casualties. Qualification under Article 119 is used when direct intent is difficult to prove, but criminal negligence is evident.

Evidence of Violation (Uncontrolled Attacks)

Mass civilian deaths: Deaths caused by heavy rockets, artillery shells, or airstrikes hitting residential buildings, transport stops, and markets.
Criminal negligence: Commanders or artillery personnel failed to take precautions or verify targets, leading to civilian casualties.

Examples of Actual Violations

Shelling of residential areas in Mariupol (2022) — hundreds of civilian deaths in areas without military targets.
Missile strikes on central Kharkiv — mass civilian casualties due to use of heavy weaponry without target verification.
Indiscriminate airstrikes on Chernihiv and Sumy — qualified under Article 119 and additionally under Article 438 CCU for violation of the laws of war.

Legal Consequences

Accountability of military personnel and commanders whose actions or orders led to civilian deaths by negligence.
Documentation of severe consequences of indiscriminate attacks, strengthening charges under Article 438 CCU.

Article 119. Manslaughter