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The Russia-Ukraine ConflictThe Russia-Ukraine Conflict

Chapter 8

Russian grain theft in Ukraine?

by Martin Hepke und Dr. Anne Dienelt

Grain in sight

NASA Tweet:
Tweet of NASA from May 8, 2022 on monitoring the effects of the war on the Ukrainian harvest
Illustration: Marlin Beringer
According to NASA crop monitoring, Russia has exported 5.8 million tons of grain from Ukraine. The result is a food crisis that is being felt in Ukraine and around the world.
Can Russia as the occupying power simply export grain?

Military conquest of territories - and now?

Illustration: Marlin Beringer
Russia has militarily seized some areas of Eastern Ukraine and occupied them with its military. Russia is now the ruling occupying power there (at least temporarily); the Ukrainian government currently no longer has any state control over these territories. 

As an occupying power, Russia is not allowed to do as it pleases. Instead, it is bound by the so-called law of occupation in accordance with the Hague Convention and the Geneva Conventions. This also sets guidelines for grain exports.

Russia must provide for and protect the Ukrainian population!

As an occupying power, Russia must ensure "public safety and order". This includes the supply of food to the population in Eastern Ukraine and the protection of private property in this area. There is also a ban on looting by Russia, i.e. a ban on the destruction, appropriation or confiscation of other people's property.

Grain as spoils of war?

Illustration: Marlin Beringer
The Russian occupying power is allowed to demand so-called "payments in kind" to supply its own occupying forces. This also included the grain harvest. However, the grain may not be exported in its entirety, but is only used to supply the occupying forces on site.

Additionally, supplying the population with food has priority.
Russia is allowed to manage the farms and cultivate and harvest grain fields. But it does not become the owner of the harvested grain; it still belongs to the Ukrainian farmers.

Another breach of international law!

Illustration: Marlin Beringer
The grain exports by Russia are contrary to international law and must not be carried out in this form. The priority is to provide the Ukrainian population in the occupied territories with sufficient food and to protect their property.