• two counts of war crimes: intentionally directing
attacks against a civilian population as such or against individual civilians not taking part in hostilities - Article 8 (2)(e)(i); and pillaging — Article 8 (2)(e)(v).
Ukraine's position is that Russia violates ICSFT by continuing to support pro-Russian separatist armed groups in eastern Ukraine that engage in the commission of terrorist
acts against the civilian population.
At least 50,000 civilians have been killed or wounded during the conflict, with the belligerent parties committing a litany of war crimes and violations of humanitarian
law against the civilian population.
Instead, we are presented with a moral and legal equivalency between actions that are unambiguously war crimes (namely random
attacks against civilian populations) and actions which may, or may not, be war crimes (civilian casulaties in the conduct 0f an armed conflict in a densely populated area), depending on an subtle assessment of facts and circumstances.
«The essence of crimes against humanity is a systematic policy or action of a certain scale and gravity directed
against a civilian population.
The expression «attack directed
against any civilian population» is defined as meaning «a course of conduct involving the multiple commission of acts against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack.»
Article 5 of the Statute lists rape as one of the crimes against humanity, when committed in armed conflict, whether international or internal in character, and when directed
against any civilian population.