Legal Qualification of Mass Killings of Civilians
Article 27 of the Constitution of Ukraine enshrines the fundamental human right — the right to life. This right is inalienable and guaranteed by the state. During the armed aggression by the Russian Federation, mass killings of civilians, executions, indiscriminate shelling of residential areas, and killings of prisoners represent the most severe and systematic violations of this constitutional norm.
Key Provisions of the Constitution of Ukraine
- “Every person has an inalienable right to life.”
- “No one shall be arbitrarily deprived of life. It is the duty of the state to protect human life.”
- “Everyone has the right to protect their own life and health, as well as the life and health of others, from unlawful encroachments.”
Legal Context: Violation of Article 27 of the Constitution constitutes a criminal offense under Article 115 of the Criminal Code of Ukraine (Intentional Homicide) and, in wartime conditions, Article 438 of the Criminal Code of Ukraine (Violation of the Laws and Customs of War), carrying the most severe penalties. Mass killings (e.g., in Bucha, Izyum, Mariupol, Hostomel) directly violate both national legislation and international humanitarian law.
Evidence of Violations (Mass Killings by Russian Military)
- Executions of civilians: Deliberate killings of unarmed residents, often showing signs of torture and bound hands, qualified as a war crime (Article 438 of the Criminal Code of Ukraine). Examples: mass shootings in Bucha and Irpin in 2022.
- Killings during filtration and detention: Deaths resulting from torture or inhumane conditions in occupation prisons. Example: deaths of residents in “filtration camps” in occupied Donbas.
- Indiscriminate shelling: Attacks on civilian infrastructure and residential buildings causing the deaths of thousands of civilians. Examples: destruction of residential neighborhoods in Mariupol, Kramatorsk, and Kharkiv.
- Killing of prisoners of war: Extrajudicial executions of surrendered soldiers, also violating Article 27 of the Constitution and international humanitarian law. Example: executions of Ukrainian POWs in Izyum and Mariupol.
Legal Consequences
Documenting each case of civilian or prisoner killing is a priority for Ukrainian law enforcement authorities. These materials are used for:
- Criminal prosecution of direct perpetrators under Articles 115 and 438 of the Criminal Code of Ukraine.
- Holding the highest Russian leadership accountable in the International Criminal Court (ICC) and special tribunals for crimes of aggression.
- Confirming the systematic nature of Russian aggression and the intent to deprive civilian populations of life.
Sources
- Constitution of Ukraine: Article 27 (Text)
- Related Article: Article 115 of the Criminal Code of Ukraine (Intentional Homicide) →
- Related Article: Article 438 of the Criminal Code of Ukraine (Violation of the Laws of War) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive