Ukraine Symposium – Ukraine’s New Voluntary Report on the Implementation of IHL

In late 2024, the Ministry of Defense of Ukraine (MoDU) joined a relatively small but growing family of States that has published voluntary reports on implementation of international humanitarian law (IHL) at the domestic level. In other States, such occasions might only be of interest to a narrow circle of professionals. That is not the case in Ukraine, which is involved in an international armed conflict caused by a Russia’s aggression that commenced in 2014 and grew into a full-scale invasion in 2022.

This post will briefly address the idea, mechanisms, and contents of the MoDU voluntary report as well as its importance for IHL compliance in an armed conflict that is unprecedented in Europe since the adoption of the Geneva Conventions.

Report Context and Background

No detailed introduction to either the term “voluntary report” or the relevant mechanism is needed. Yvette Zegenhagen and Michael Meyer touched upon this topic in a previous Articles of War post, while Bartolini provided a detailed account in the International Committee of the Red Cross (ICRC) blog, Humanitarian Law & Policy. Briefly, the idea of reporting gradually emerged in the instruments of the ICRC and was clearly defined in Resolution 1, “Bringing IHL home: A road map for better national implementation of international humanitarian law,” which was adopted during the 33rd International Conference of the Red Cross and Red Crescent in 2019. Only a few States had provided voluntary reports prior to 2019, including Germany (2002) and Poland (2009).

In December 2019, in connection with the Resolution 1, the United Kingdom initiated the Open Pledge to Report on the Domestic Implementation of International Humanitarian Law. Signed by a group of States and National Red Cross Societies, it featured a four-year action plan of research, compilation, and publication of reports on the domestic implementation of IHL. Between 2020 and 2024, several States made their reports public or published new editions. All of those reports have been produced on behalf of the States in question, often in cooperation with the National Red Cross Societies, with a leading role for foreign ministries (Argentina, Bulgaria, Costa Rica, Italy, Poland, United Kingdom) or an IHL commission (Belgium, Switzerland). This approach is understandable, as the reports concern compliance with international obligations. However, during actual armed conflict, the role of the defense ministry comes to the fore as an agency responsible for compliance with IHL on the battlefield.

Consequently, in Ukraine, it was the MoDU that took the lead with support from the Ukrainian Red Cross. The idea was born in the Legal Department of the MoDU, and was based on ten years of implementation, ensuring compliance with and dissemination of IHL in the Armed Forces of Ukraine (AFU) in the context of an ongoing international armed conflict.

It would hardly be an exaggeration to say that the MoDU accumulated unique expertise in this sphere, which it felt obliged to share for the sake of transparency, dissemination of experience, and eventually demonstration of Ukraine’s devotion to its international commitments and the rule of law. To put it in a broader context, the publication of the MoDU voluntary report aligns with a war waged by Ukraine against an iniquitous and brutal aggressor demonstrating a blatant disregard for elementary norms of law and humanity. While other Ukrainian governmental agencies are leading a diplomatic battle and bringing Russia to the courts, including the International Criminal Court and the European Court of Human Rights, the MoDU took a different role: not accusing, but demonstrating Ukraine’s adherence to international law.

The MoDU voluntary report can also be seen as a response to Russia’s ongoing campaign of disinformation about alleged IHL violations by Ukraine. Traditionally, defense departments and States’ armed forces are quite closed and rigid institutions even in times of peace, let alone during armed conflict. This makes the MoDU voluntary report an unparalleled product that provides an insight into tangible efforts and activities of the warring State’s defense agency aimed at the practical implementation of IHL in a full-scale, high-intensity armed conflict taking place throughout the entire territory of the State.

In preparing its voluntary report, the MoDU took due regard of the recommendations expressed in the relevant toolkit proposed by the UK Government. It also relied on the practice of other States in their own reports. The structure of the MoDU voluntary report looks traditional, however, it has certain peculiarities as it is issued on behalf of the defense ministry, not the State more generally. Therefore, before addressing particular issues, for instance, the protection of certain categories of persons and objects, the MoDU voluntary report provides a broad understanding of the IHL-related issues in Ukraine generally and the powers of the MoDU among other governmental bodies.

Report Contents

Chapter I opens the voluntary report with a description of the relevant international and domestic legal framework, as well as the structure of the main Ukrainian domestic institutions responsible for IHL implementation. Separate attention is also paid to non-governmental organizations, like the Ukrainian Red Cross, and their role in implementing IHL on the national level.

Chapter II illustrates the role of the MoDU within the system of domestic bodies by addressing the IHL-related powers and capacities of the MoDU. It explains the importance of MoDU orders as executive instruments containing detailed IHL rules obligatory for the AFU. It elaborates on the IHL-related tasks of different services of the AFU through the whole chain of command, starting with every service member, military chaplains, officers of the legal service, civil-military cooperation, and ending with commanders.

Chapter III describes specific protections rendered to persons (wounded and sick combatants, prisoners of war, civilians, women, children, journalists, etc.) and objects (civilian objects, cultural property, schools, hospitals, the Red Cross emblem, etc.). Each of the ten sections within the chapter includes developed mechanisms and tools as well as best practices for compliance with IHL. For instance, the first section on civilians contains real examples of digital passive precautions, active measures of protecting civilians, and delivering humanitarian aid.

Chapter IV is devoted to the lawfulness of certain weapons (like chemical and biological weapons), limitations on the use of certain weapons (like cluster munitions), and means and methods of warfare, including the legal review of new weapons. Also, the chapter addresses legislation, policy, and practical examples of both zero tolerance for conflict-related sexual violence (CRSV) and combating it during the ongoing hostilities. The Soldier’s memo on interaction with civilians affected by CRSV is one of the practical tools to be given by the State to its own forces to ensure not only the prevention of CRSV but also a response to it.

Chapter V concerns the dissemination of IHL within the MoDU system of military education and training. It also provides basic principles of IHL dissemination shaped by the conditions of modern warfare, as well as Ukraine’s experience on how to bring IHL to domains where soldiers spend their time: television; the Internet; and other communication devices, including mobile devices such as smartphones. The chapter outlines the established system of coordinated cooperation on IHL dissemination with a number of non-government organizations.

The MoDU voluntary report ends with Chapter VI, which describes enforcement and monitoring measures coupled with the system of investigation and prosecution of IHL violations by AFU service members. In conclusion, the report contains a list of IHL treaties to which Ukraine is a party and the information on their ratification.

Report Impact

The main achievement of the MoDU voluntary report, compared to others, is that it addresses not only domestic legislation but also policy, practice, and unique IHL-related projects and cases. For example, the project “I want to live” offers enemy soldiers an opportunity to express their intent to surrender online, even before being deployed to the frontline, and receive instructions on safe passage to captivity. Recommendations for journalists address the specially established mechanism of accreditation of journalists and their work in the combat zone. The roadmap on the implementation of the Safe Schools Declaration (an inter-governmental political agreement dedicated to protecting education in armed conflict) sets forth clear tasks for different national authorities to be implemented at the tactical, operational, and strategic levels. Cases of surrendering to Ukrainian drones, a basic IHL game, and much more can be found in the MoDU voluntary report.

Importantly, the MoDU voluntary report is not a standalone product. It continues a line of MoDU IHL-related products and publications, including the Basic IHL Training Package to be used by instructors while deliveringthe IHL module, IHL Guidelines on essential national provisions and IHL for foreigners serving in the AFU, an IHL soldier’s pocket card, a booklet “Russia’s crimes against children,” and others. The overall purpose of these products and related educational and dissemination activities is to form a culture of respect for and compliance with IHL in the AFU.

Concluding Thoughts

Attention should be paid to the MoDU’s efforts in disseminating this report, both in Ukraine and around the world. As highlighted above, the MoDU voluntary report performs an experience-sharing and enlightenment function, demonstrating how IHL can be upheld in a cruel war. Therefore, the MoDU, together with the Ministry of Foreign Affairs, arranged a wide-ranging advocacy campaign aimed at presenting and disseminating the voluntary report. Examples include presentations at the 34th International Conference of the ICRC, the 1519th Meeting of the Committee of Ministers of the Council of Europe, the 2025 OSCE Security Cooperation Forum, and the Ukraine-NATO Council. The report has also been presented at various events in Belgium, Norway, Portugal, Sweden, Switzerland, the United States, and others.

This work goes on, and 2025 promises to be crucial both in terms of the dissemination and accumulation of new information. This may lead to the publication of updated versions of the voluntary report in due course.

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Inna Zavorotko, PhD is a major in the Armed Forces of Ukraine. She currently serves in the Legal Department of the Ministry of Defense.

CPT Oleksii Plotnikov is an officer at the Legal Department of the Ministry of Defense of Ukraine. 

The views expressed are those of the author, and do not necessarily reflect the official position of the United States Military Academy, Department of the Army, or Department of Defense. 

Articles of War is a forum for professionals to share opinions and cultivate ideas. Articles of War does not screen articles to fit a particular editorial agenda, nor endorse or advocate material that is published. Authorship does not indicate affiliation with Articles of War, the Lieber Institute, or the United States Military Academy West Point.

Photo credit: 24th Mechanized Brigade of the Ukrainian military