Article 438. Violation of the Laws and Customs of War

Legal Qualification of War Crimes

Article 438 of the Criminal Code of Ukraine (CCU) is the key provision for qualifying war crimes committed during the aggression against Ukraine. It corresponds to international humanitarian law (IHL), including the Hague and Geneva Conventions. Crimes under this article may be committed by Russian military personnel as well as their accomplices among Ukrainian civilians.

Key Provisions of Article 438 (CCU)

• Part 1 (Basic Composition): Cruel treatment of prisoners of war or civilians, forced displacement for labor, plundering of national assets, use of prohibited means of warfare, other violations of the laws and customs of war, giving orders to commit such acts (Imprisonment from 8 to 12 years).
• Part 2 (Aggravated Composition): The same acts, if accompanied by intentional killing (Imprisonment from 10 to 15 years or life imprisonment).

Use of prohibited weapons and strikes on infrastructure: Cases include:

1. Use of prohibited means of warfare (cluster munitions in populated areas, incendiary/phosphorus shells).
2. Systematic attacks on civilian infrastructure (energy facilities, water supply), especially during winter, creating a threat to civilian life.

Examples of Violations by the Russian Federation (2014–2025)

• Attacks on civilian objects: Missile and artillery strikes on residential buildings, schools, hospitals, theaters, and other non-military targets.
• Targeted strikes on energy infrastructure: Shelling of power plants and substations during cold seasons to deprive civilians of basic necessities.
• Use of prohibited weapons: Deployment of cluster munitions and incendiary/phosphorus shells, causing indiscriminate casualties.
• Cruel treatment of civilians: Torture, rape, enforced disappearances, use of civilians as "human shields," deportations, and forced labor.
• Cruel treatment of prisoners of war: Torture, denial of medical care, executions of prisoners (Part 2 of Article 438).
• Pillaging and looting: Removal of property, cultural assets, equipment, and agricultural products from occupied territories.
• Perfidy: Feigning surrender, shelling humanitarian corridors and convoys.

Legal Consequences

Article 438 provides the basis for criminal prosecution of Russian military personnel. In Ukraine, over one hundred thousand potential war crimes have been recorded. Judicial sentences have been issued based on this article, and investigation materials are forwarded to the International Criminal Court (ICC) for consideration of war crimes and crimes against humanity.

Sources

• Criminal Code of Ukraine: Article 438 (Text)
• How to Record a War Crime and Why (Overview of Crime Types)
• Related Article: Article 437 CCU (Crime of Aggression) →

© 2001 — Criminal Code of Ukraine. Violation Analysis.
Source: The Aggression Archive