The Luhansk regional prosecutor’s office qualified the shooting during the surrender to Ukrainian soldiers in the village of Makeevka, Luhansk region, as treachery on the part of the Russian Federation. Law enforcement officers opened criminal proceedings under the article of violation of the laws and customs of war and entered the relevant information into the Unified Register of Pre-trial Investigations. This was announced by the former Deputy Prosecutor General Gunduz Mammadov in Twitter and UCP in Telegram.
“According to the results of media monitoring, it became known that in the village of Makiivka, Luhansk region, the Russian military, simulating surrender to the military personnel of the Armed Forces of Ukraine, opened fire on Ukrainian defenders. Such actions are prohibited by international humanitarian law,” the prosecutor general’s office noted.
Gunduz Mammadov explained that treachery is a form of deception, such actions by which the enemy seeks to win the trust of the enemy in order to gain military superiority over him.
“Treachery is a war crime. The envisaged shooting during surrender falls under this qualification and is prohibited by international humanitarian law,” he stressed.
The prosecutor’s office also referred to Article 37 of the Additional Protocol to the Geneva Conventions, which prohibits killing, injuring or capturing an enemy by treachery.
At the same time, Mammadov noted that the inclusion of an event in the ERDR, qualified as treachery, is not enough. Investigators must establish all the circumstances of the incident and provide a legal assessment of the actions of all participants. The UCP confirmed that law enforcement officers plan to do this during the pre-trial investigation.
Earlier it was reported that the video on November 18, in which a Russian soldier opens fire on Ukrainian soldiers during the surrender of a group of Russian military prisoners, became a catalyst for a further split between the Kremlin and well-known voices in the Russian information space.