Milbank LLP lawyers and Public International Law & Policy Group (PILPG) colleagues have co-authored a discussion of potential war crimes committed by the Russian military and the Russia-aligned Wagner Group as part of their invasion and occupation of Ukraine.
In “Conceptualizing IHL: Denial of Quarter,” published online by the Ukrainian human rights organization Center for Civil Liberties, Milbank partner Viren Mascarenhas and associates Yuliya Zahoroda and Pierre-Philippe Turnbull and PILPG authors consider whether Russian soldiers and affiliated private military companies may be violating international humanitarian law by issuing orders and acting under instructions to “kill everyone.”
Under international law and treaties, “quarter” is the obligation to spare the lives of combatants who are no longer in the fight due to being sick, wounded, shipwrecked, or have laid down their weapons and surrendered to the enemy.
The Center for Civil Liberties article outlines the legal context and rationale for the ban on denial of quarter and provides examples of potential violations of the ban in Ukraine, including recent Wagner Group mercenaries’ threats that they will provide no quarter to Ukrainians. The article calls for the investigation of all claims and evidence of mistreatment.
PILPG is a global pro bono law firm that provides free legal assistance to parties involved in peace negotiations, drafting post-conflict constitutions and war crimes prosecution/transitional justice.
Milbank has worked closely with PILPG on a range of international pro bono peace and human rights issues, including contributing to policy development for Ukraine. The firm was recognized as a PILPG Partner in Excellence in 2022 for delivering exceptional results for its pro bono clients.
