Russia Ukraine War: The ICRC and the Strain on International Law

The International Committee of the Red Cross (ICRC), mandated by the 1949 Geneva Conventions, plays a central role in monitoring compliance with International Humanitarian Law (IHL) during armed conflicts. In the context of the ongoing Russia-Ukraine war, its role has expanded significantly but the organisation has also faced substantial challenges. The war has led to widespread civilian harm, mass displacement and an increasingly contested space for humanitarian action.

Since the escalation of the conflict in February 2022, the ICRC has scaled up its operations across Ukraine and neighbouring countries. As of early 2025, it had deployed over 750 staff in Ukraine. The operations include distribution of food and essential goods, repairs to damaged water infrastructure, provision of medical supplies and assistance in forensic and tracing services for missing persons. These actions are grounded in the ICRC’s neutrality, independence and impartiality, as required by the Geneva Conventions.

The ICRC has played a key role in facilitating humanitarian corridors. Since the beginning of the yaer, it has supported the safe passage of approximately 140 people across frontlines and national borders. In earlier operations, thousands of civilians were evacuated from cities like Mariupol and Sumy. These evacuations were conducted with prior agreements and security guarantees from the warring parties. The Ukrainian Red Cross has also supported the voluntary evacuation of over 58,000 people to safer regions inside Ukraine since 2022.

One of the most persistent and tragic aspects of the conflict is the growing number of missing persons. As of May 2025, the fate or whereabouts of approximately 126,000 individuals from both sides of the armed conflict remained unaccounted for. The ICRC, through its Central Tracing Agency, has provided information to more than 12,500 families across both Ukraine and Russia about the fate or whereabouts of their loved ones.

Forensic teams supported by the ICRC work to identify human remains using DNA analysis. Over 50 transfers of human remains have been organised between Ukraine and Russia since 2022. These transfers adhere to IHL requirements for the dignified treatment of the deceased and aim to bring closure to bereaved families. Ukrainian forensic institutions are under immense pressure, and the ICRC provides critical technical and logistical assistance in this regard.

The treatment of prisoners of war (POWs) remains a core concern for IHL. Under the Third Geneva Convention, the ICRC is responsible for monitoring detention conditions, ensuring humane treatment and facilitating communication between POWs and their families.

In the last three years, ICRC has visited more than 5400 POWs on both sides. Over 12,000 messages have been exchanged between POWs and relatives. However, access is uneven. While Ukrainian authorities allow regular monitoring of Russian POWs held in Ukraine, the ICRC has limited access to Ukrainian POWs held in Russia and occupied territories. The ICRC continues to seek full access through bilateral dialogue, but the lack of transparency has provoked criticism from Ukrainian families and human rights groups.

The United Nations Human Rights Monitoring Mission (HRMMU) reported that 95% of Ukrainian POWs released from Russian custody described experiencing torture or ill-treatment, including beatings, electric shocks and lack of medical care. Since August 2024, the HRMMU has documented a sharp rise in executions by Russian forces, with 81 Ukrainian soldiers and at least 170 civilians being executed, including in detention.

Despite these reports, the ICRC maintains that public condemnation would jeopardise its access and ability to continue providing aid. Instead, it emphasises private diplomacy and dialogue with all parties involved. Critics argue that this approach has not yielded sufficient results, especially given the scale of reported abuses.

The ICRC's mandate includes the protection of civilians. However, the nature of modern warfare complicates this mission. The UN verified that over 12,654 civilians have been killed and 29,392 injured since February 2022 in territory controlled by Ukrainian authorities. The year 2024 saw a 30% increase in civilian casualties over 2023 due to intensified hostilities.

The war has led to the contamination of approximately 139,000 square kilometres, nearly 20% of the land in Ukraine, with landmines and unexploded ordnance. Attacks on infrastructure are widespread: since February 2022, 1957 healthcare facilities were attacked and 1039 have been damaged or destroyed. These incidents raise significant concerns under IHL, which protects civilian infrastructure and non-combatants.

The Russia–Ukraine war has exposed the limitations of current IHL enforcement. The ICRC cannot compel compliance; it can only request access and deliver aid within the boundaries set by the parties to the conflict. The Geneva Conventions remain a vital legal and moral foundation, but their application in contemporary conflicts depends on political will — not merely humanitarian law.

In Ukraine, the ICRC remains an essential actor. Its work continues to mitigate suffering, support the dignity of victims and uphold the rules of war. However, without stronger international mechanisms and consistent accountability, humanitarian law risks becoming aspirational rather than operational.

Dr. Vivek N.D. is Adjunct Faculty in the School of Legal Studies and Governance, Vidyashilp University, Bangalore.

© 2018 Kalinga International Foundation Designed by Nescant Info Systems