Fact Check: Ukrainian law enforcement has initiated a pre-trial investigation under Article 438 of the Criminal Code of Ukraine regarding the violation of the laws and customs of war following the airstrike in Kupiansk.

Fact Check: Ukrainian Law Enforcement's Pre-Trial Investigation Following Kupiansk Airstrike

What We Know

Recent reports confirm that Ukrainian law enforcement has indeed initiated a pre-trial investigation under Article 438 of the Criminal Code of Ukraine, which addresses the "Violation of the Laws and Customs of War." This action follows a deadly airstrike in Kupiansk, where one civilian was killed and several others injured (Ukrinform). Article 438 is specifically designed to address war crimes, including mistreatment of civilians and prisoners of war, and is aligned with international humanitarian law (Ukrainian Judiciary, MІПЛ).

The airstrike in question has been part of ongoing hostilities in the region, and the investigation reflects Ukraine's commitment to prosecuting war crimes amid the ongoing conflict with Russia (Ukrinform, Ukrainian Judiciary).

Analysis

The claim regarding the initiation of a pre-trial investigation is supported by multiple credible sources. The Ukrainian Judiciary outlines the legal framework for such investigations, emphasizing the importance of Article 438 in addressing war crimes (Ukrainian Judiciary). Furthermore, the context provided by the MІПЛ indicates that this article has been increasingly utilized to systematically address war crimes since the onset of the conflict in 2014.

The reliability of these sources is bolstered by their official nature; the Ukrainian Judiciary is a governmental body, and Ukrinform is a state news agency. Both sources provide consistent information regarding the legal proceedings initiated in response to the airstrike.

However, it is essential to note that while the legal framework exists, the practical application of these laws can be complex and may face challenges due to the ongoing nature of the conflict. The Truth Hounds report indicates that while there have been efforts to qualify war crimes systematically, there have been instances where such crimes were not adequately addressed at the domestic level prior to recent amendments.

Conclusion

The claim that Ukrainian law enforcement has initiated a pre-trial investigation under Article 438 of the Criminal Code of Ukraine in response to the airstrike in Kupiansk is True. The evidence from multiple reliable sources confirms that this investigation is part of Ukraine's broader efforts to address violations of international humanitarian law amid ongoing hostilities.

Sources

1. Ukrainian Judiciary
2. Drone strike - Simple English Wikipedia
3. Sources of interpretation of Article 438 of the Criminal Code of Ukraine
4. How are war-related court cases progressing? Interim findings of МІПЛ
5. One killed in Russian airstrike on Kupiansk - Ukrinform
6. Legal Principles of Pre-trial Investigation War Crimes
7. The occupiers do not stop attacking Kupyanshchyna
8. Execution of Ukrainian defenders: Prosecutors probing violation of laws