Russia breaches international law with drone attack on Ukraine hospital – JURIST
Officials from Ukraine reported that Russia launched two drone attacks on the Saint Panteleimon hospital in Sumy on Saturday, violating international humanitarian law.
Article 18 of the Fourth Geneva Convention stipulates that civilian hospitals must never be the object of attack under any circumstances and must always be respected and protected by the parties to a conflict. Additionally, Article 12 of the Protocol Additional to the Geneva Conventions stipulates that medical units must be respected and protected at all times and cannot not be the object of attack. Based on Article 8 of the Rome Statute of the International Criminal Court, intentionally directing attacks against civilian objects constitutes a war crime.
Russia is a party to the Fourth Geneva Convention, but withdrew from the treaty establishing the Protocol in 2019. Russia has never signed the Rome Statute and does not recognize the jurisdiction of the International Criminal Court (ICC). While Ukraine has not ratified the Rome Statute, it has accepted the ICC’s jurisdiction to try war crimes committed within its territory, making this attack possibly punishable as a war crime under the Rome Statute.
The interior minister of Ukraine, Ihor Klymenko, reported that the first of two drones demolished several floors of the hospital, and the second attack occurred during the evacuation of patients and staff. Volodymyr Zelenskyy, president of Ukraine, announced on social media that rescue operations are ongoing as the government continues to manage the aftermath and save lives. He also urged the world to take notice of Russia’s targets, which include hospitals and civilian infrastructure. Earlier this month, the Office of the United Nations High Commissioner for Human Rights (OHCHR) stated in a report that at least 184 civilians were killed and 856 injured in Ukraine in August. Additionally, attacks by Russian forces on energy facilities in Ukraine may have also violated international humanitarian law.
According to the Sumy Regional Prosecutor’s Office, there were 86 patients and 38 employees in the hospital at the moment of the attack. The attacks resulted in the deaths of 10 people and left 22 others injured. As of this morning, 113 patients have been evacuated.
