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Can civilian areas ever be legitimate military targets? We asked an expert
Can civilian areas ever be legitimate military targets? We asked an expert

Yahoo

time15-04-2025

  • Politics
  • Yahoo

Can civilian areas ever be legitimate military targets? We asked an expert

April 13 marked Russia's deadliest attack on the northeastern city of Sumy, killing 35 people and injuring nearly 120. As locals flocked to the city center on the morning of Palm Sunday, Russia launched two ballistic missiles in what is known as a double-tap attack. The second missile, fired minutes after the first one, was armed with cluster munitions – used to inflict greater devastation on civilians. The strike soon sparked controversy as a local official accused Sumy Oblast Governor Volodymyr Artiukh of inadvertently giving Russia an excuse to attack. Following the deadly strike, Artem Semenikhin, the mayor of the Sumy Oblast city Konotop, accused Artiukh of planning an awards ceremony for the 117th Territorial Defense Brigade in Sumy on April 13. Artiukh confirmed the event was planned but denied responsibility for initiating it. He was dismissed on April 15. The Kyiv Independent reached out to the 117th Brigade for comment but has not received a response. The brigade has not publicly commented on the controversy. Soon after the attack, Russia's Defense Ministry claimed it had struck the command of the Siversk operational-tactical group in the city, though it provided no evidence. The Kyiv Independent reached out to the General Staff of Ukraine's Armed Forces for comment but has not received a response as of publication time. There have been several cases in which Ukrainian military gatherings in residential areas have come under Russian attack, resulting in high civilian casualties and sparking discussions about negligence. However, Russia has repeatedly made unsubstantiated claims of hitting military targets while striking civilian areas since the start of the full-scale war in 2022. In total, at least 13,000 civilians have been killed and over 30,000 injured in Ukraine since 2022, according to the United Nations. The actual number is likely much higher since it's currently impossible to verify casualties in Russian-occupied territories. But even if a strike targets military personnel or infrastructure in a densely populated area, does it make it a legitimate military target? The Kyiv Independent asked Wayne Jordash KC, president of the Global Rights Compliance Foundation. Editor's note: This interview has been edited and condensed for clarity. The Kyiv Independent: Under international humanitarian law, is it ever lawful to strike a military target in the middle of a densely populated civilian area? Wayne Jordash: First of all, it has to be assessed on a case-by-case basis. Secondly, the assessment has to be based on whether the firing party properly distinguished between civilians and civilian objects and combatants and military objectives. You have to make sure that your attack is proportionate. That means what you have to do is make an assessment before you fire your weapon, essentially to understand whether, compared to the anticipated concrete and direct military advantage, the incidental civilian deaths or collateral damage would be excessive. In the case of Sumy, I think Russia has quite a task to justify why it would fire two missiles into a busy, crowded civilian square full of people celebrating Palm Sunday. A soldier's gathering would depend on who they are and their importance. It would also depend, ultimately, on the anticipated concrete and direct military advantage compared to the incidental civilian deaths. Russia must have known it was going to hit a huge amount of civilians, and it's very difficult to justify such an attack in these circumstances. The Kyiv Independent: If Russia deliberately targeted the area, knowing it was surrounded by civilians and potentially aware of the ceremony, would this constitute a violation of international humanitarian law? Wayne Jordash: You have to look at what was the advantage of hitting the military award ceremony. If there were a military award ceremony with an extremely important Ukrainian general or important Ukrainian officers who were important for the Ukrainian war effort, that would be one scenario. Then you're looking at a quite concrete and direct military advantage by striking and killing those officers. However, if you're looking at a much lower-rank meeting with few soldiers, that's another calculation. Of course, the anticipated civilian deaths in this instance were obvious. You can't go hitting a square full of civilians celebrating Palm Sunday without expecting massive civilian casualties. It is not impossible that this was a proportionate attack, but it's a very, very difficult argument to advance. The Kyiv Independent: So a strike targeted a gathering of high-ranking military officers in a densely populated civilian area, resulting in the same number of casualties but also killing the intended military targets — would that be considered justified? Wayne Jordash: Justified is a difficult word in the face of Russian illegal aggression. But it may not be a war crime. If the anticipated military advantage is extremely significant, you can justify hitting more civilians and civilian targets. That's how the law works. In this instance, the key question would be, what was the anticipated military advantage in hitting those soldiers if that was their aim, and was it significant enough to justify killing and injuring all those civilians? That's the calculation that must be conducted. Israel justifies its attacks in the Gaza Strip on the basis that… It destroys a hospital because it says that Hamas has a headquarters in that hospital. So they anticipate that the advantage militarily will be significant because they're going to destroy a military headquarters. That may justify killing lots of civilians. It depends on the significance of the military headquarters. That's, of course, assuming that the Israeli government is telling the truth. And I don't believe that they are telling the truth most of the time. The same with Russia. I don't believe they're telling the truth most of the time. If they say there was a group of soldiers gathering for an award ceremony, I would demand that they prove that and demonstrate that there was a clear anticipated military advantage that justified this level of destruction to civilians and civilian targets. I doubt we will see that. The Kyiv Independent: Does international law require parties to a conflict to refrain from holding military gatherings in civilian areas? Is there a legal obligation not to do so? Wayne Jordash: All parties to a conflict have to exercise precaution, including all feasible precautions to protect civilians. If the Ukrainian soldiers were gathering in that area for an award ceremony, that was incredibly reckless because it, therefore, gives Russia an excuse, not necessarily an excuse that can be justified, but an excuse that allows them to promote their usual propaganda. If Ukrainian soldiers are admitting that this happened, then it's difficult to reconcile that with their obligations to protect civilians. The Kyiv Independent: Outgoing U.S. Ambassador to Ukraine Bridget Brink said that Russia used cluster munitions during the attack. These weapons are designed to maximize casualties by dispersing hundreds of smaller "bomblets" in a wide area upon impact. Is the use of cluster munitions a relevant factor for those investigating the incident? Wayne Jordash: That may be the most compelling illustration of an intended war crime. Aiming a precision weapon at the Ukrainian soldiers' award ceremony is one thing. But why would you launch a weapon that is designed to spread across tens and tens of meters if you're just trying to kill officers in a room or a building? If you do a proper calculation of the military advantage compared to the incidental damage, this does not, therefore, look like incidental damage. It looks like Russian troops have deliberately used weapons that would maximize the damage to civilians and anyone in that area. I think it's difficult, even if there were soldiers gathering for an award ceremony, to justify such an attack… When you add cluster munitions to the equation, then it's implausible. The Kyiv Independent: What are the next legal or investigatory steps to determine if the Sumy attack qualifies as a war crime? Wayne Jordash: The first step is to investigate whether there was an award ceremony, where that award ceremony was, if it was taking place, who was present, and the significance of those present for the war effort. The second step would be to examine precisely the weapons used by Russia. The third step is to examine the relationship between where the missiles were fired, where the soldiers were, and how precise or otherwise the firing was. Then, we'll begin to see a picture of what the Russians may have known or should have known, including the anticipated military advantage, balanced against what they should have known about the likely civilian damage. Once we have a clear picture of those two issues, we will have a good picture of whether this was a war crime. Hi! Daria Shulzhenko here. I wrote this piece for you. Since the first day of Russia's all-out war, I have been working almost non-stop to tell the stories of those affected by Russia's brutal aggression. By telling all those painful stories, we are helping to keep the world informed about the reality of Russia's war against Ukraine. By becoming the Kyiv Independent's member, you can help us continue telling the world the truth about this war. We've been working hard to bring you independent, locally-sourced news from Ukraine. Consider supporting the Kyiv Independent.

Zelensky to dismiss Sumy governor over Russian attack that killed 35
Zelensky to dismiss Sumy governor over Russian attack that killed 35

Yahoo

time15-04-2025

  • Politics
  • Yahoo

Zelensky to dismiss Sumy governor over Russian attack that killed 35

Ukrainian President Volodymyr Zelensky has initiated proceedings to dismiss the military governor of the north-eastern Sumy region, following a devastating Russian missile strike that killed more than 30 people. The government is supporting the efforts to dismiss Volodymyr Artyukh, its parliamentary representative Taras Melynchuck said on Telegram. It comes after Artiukh on Monday confirmed a gathering of military personnel for an award ceremony in the city of Sumy at the time of the heavy Russian missile attack. He stressed, however, that he had not initiated the event. Artiukh has been military governor of the Sumy region for almost two years. At least 35 people were killed in Sunday's attack on Sumy, although only two of them are said to be soldiers.

Sumy, Luhansk oblasts governors dismissed
Sumy, Luhansk oblasts governors dismissed

Yahoo

time15-04-2025

  • Politics
  • Yahoo

Sumy, Luhansk oblasts governors dismissed

Editor's note: This is a developing story and is being updated. The Ukrainian government approved the dismissal of Volodymyr Artiukh as the Sumy Oblast governor and of Artem Lysohor as the Luhansk Oblast governor, said Taras Melnychuk, the government's representative in parliament, on April 15. Artiukh's dismissal comes amid accusations that the governor planned a military awards ceremony in Sumy on April 13, the same day that Russia launched a deadly missile attack that killed 35 people and injured around 120. Artiukh has confirmed the plans for the event but denied responsibility for initiating it. Melnychuk did not immediately comment on the reasons for the dismissals. Oleksii Kharchenko will take over as the Luhansk Oblast governor, and Oleh Hryhorov was appointed governor of Sumy Oblast. Artiukh has faced mounting scrutiny after Konotop Mayor Artem Semenikhin accused him of inadvertently creating a pretense for a Russian attack. The mayor argued that the governor's plan to hand out awards to soldiers of the 117th Brigade on April 13 created an undue risk to both civilian residents and military personnel. Russia reportedly deployed cluster munitions in heavily populated areas in an attack that was broadly denounced as a war crime. Members of the Sumy Regional Administration Council submitted a motion of no-confidence against the governor on April 14. Artiukh, a 66-year-old soldier and politician, was born in Amur Oblast in the USSR's Far East and previously served as the deputy head of the General Staff of Ukraine's Armed Forces. He had held the post of the Sumy Oblast governor since April 2023. Read also: 'Panic, screams, dead everywhere' — Sumy in shock after double-tap missile attack kills 35 We've been working hard to bring you independent, locally-sourced news from Ukraine. Consider supporting the Kyiv Independent.

Sumy Oblast governor confirms award ceremony plans ahead of Russian strike but denies responsibility
Sumy Oblast governor confirms award ceremony plans ahead of Russian strike but denies responsibility

Yahoo

time15-04-2025

  • Politics
  • Yahoo

Sumy Oblast governor confirms award ceremony plans ahead of Russian strike but denies responsibility

Sumy Oblast Governor Volodymyr Artiukh said he was invited to a military awards ceremony in Sumy planned for the same day when Russia launched a deadly attack but denied initiating the event in comments for the Suspilne outlet published on April 14. Russia launched a devastating missile attack against the Sumy city center on Palm Sunday on April 13, killing 35 people and injuring more than 100. It marked one of the worst attacks against the northeastern city throughout the full-scale war. Artem Semenikhin, the mayor of the Sumy Oblast city of Konotop, accused Artiukh of planning an awards ceremony for the 117th Brigade in the regional center on the same day, thus posing undue risk to civilians and military personnel. "It wasn't my initiative. I was invited," Artiukh told Suspilne, without commenting on who was behind the planned event. The Kyiv Independent could not verify the claims, and the Ukrainian military and security services have not commented on the accusations. Russia's Defense Ministry claimed the missile struck the command center of the Siversk operational-tactical group in the city, without providing evidence. Moscow has repeatedly made unsubstantiated claims about targeting military targets while striking civilian areas. Outgoing U.S. Ambassador to Ukraine Bridget Brink said that Russia deployed cluster munitions during the attack against Sumy's heavily populated areas. These weapons are designed to maximize casualties by dispersing hundreds of smaller "bomblets" in a wide area upon impact and have been used on multiple occasions by Russia against Ukrainian cities and towns. European leaders have denounced the attack as a war crime and an evidence of Russia's rejection of peace efforts. The strike took place as Moscow continues to reject a 30-day truce, previously supported by Kyiv. Read also: 'Panic, screams, dead everywhere' — Sumy in shock after double-tap missile attack kills 35 We've been working hard to bring you independent, locally-sourced news from Ukraine. Consider supporting the Kyiv Independent.

Mandatory evacuation announced in 8 Sumy Oblast settlements due to escalating situation
Mandatory evacuation announced in 8 Sumy Oblast settlements due to escalating situation

Yahoo

time13-03-2025

  • Politics
  • Yahoo

Mandatory evacuation announced in 8 Sumy Oblast settlements due to escalating situation

The Defence Council of Sumy Oblast has decided to conduct a mandatory evacuation of residents from eight settlements in the Yunakivka and Myropillia hromadas of the Sumy district. [A hromada is an administrative unit designating a village, several villages, or a town, and their adjacent territories – ed.] Source: Volodymyr Artiukh, Head of Sumy Oblast Military Administration Details: Artiukh emphasised that there has been an increase in the activity of Russian sabotage and reconnaissance groups along the border, as well as intensified use of aerial strike weapons, including guided aerial bombs and FPV drones. Quote: "Due to the escalation of the operational situation in the oblast, constant fire from Russia and to protect civilian lives, the Defence Council has decided, following military leadership recommendations, to conduct a mandatory evacuation from eight settlements in the Yunakivka and Myropillia hromadas of the Sumy district. A total of 543 people, including children, need to be evacuated as soon as possible." More details: Artiukh noted that some residents have signed refusals and do not intend to evacuate. He urged people to prioritise their safety and leave the area. The evacuation effort will involve the National Police, the State Emergency Service and the Armed Forces of Ukraine. Support Ukrainska Pravda on Patreon!

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