From this article, we look for evidence to prove of Russia’s involvement in Ukraine. If we can prove that the two servicemen are former soldiers under the forces of the Russian Military force and had taken orders from Russia, we can prove Russia is involvement with the war in Ukraine. There are two kinds of acts, physical and verbal acts. A both physical and verbal act of State constitutes practice that contributes to the birth of customary international law. Physical acts include, battlefield behavior, the use of certain weapons and treatment provided to different categories of persons. Verbal acts include military manuals, national legislation, national case-law, instructions to armed and security forces, military communiqués during war, diplomatic protests, opinions of official legal advisers, comments by government on draft treaties, executive decisions and regulations, pleadings before international tribunals, statement in international organizations and at international conferences and government positions taken with respect to resolutions on international organizations.
The approach to consider both physical and verbal acts as practice follows that taken by leading bodies in the field of international law, and by States themselves. The International Court of Justice has taken into consideration official statements as state practice. Acts do not contribute to the formation of customary international law if they were never disclosed. This is so as long as such acts are not known to other States and consequently, do not give them an opportunity, if they so wished, to react to them. In order to count, practice has to be public or communicated to some extent. This does not necessarily mean that the practice has to be published or communicated to one State or relevant to an international organization, including the ICRC. States communicate with the ICRC in the context of its international mandate to assist in the implementation of international humanitarian law and the fact that it may take cognization of any complaints based on alleged breaches of IHL. Communications to the ICRC, while often confidential, are not purely private acts and count as practice.