Shocking atrocities in Ukraine, allegedly in the hands of Russian forces, have intensified calls to prosecute war crimes indictions against Russian President Vladimir Putin.
Pictures of at least 20 bodies scattered across the street in Bucha, Ukraine, surfaced over the weekend following the withdrawal of Russian forces from the area, prompting Ukrainian President Vladimir Zelensky to call for an end to Russian “war crimes.” Russia’s bombings of hospitals and a theater where children sought refuge, along with the alleged use of cluster bombs and so-called vacuum bombs in dense areas with many civilians, have also been described as war crimes.
Here is a very broad view of war crimes and the movement for international justice.
What is a war crime?
The International Criminal Court has specific definitions of war crimes, which you can read in this guide published by the ICC. In particular, targeting civilians, violating the Geneva Conventions, targeting specific groups of people, and others could be potentially Russian war crimes.
There is a method of gathering evidence from testimony, satellite images and elsewhere to cover the burden of proof.
What is the International Criminal Court?
Located in The Hague, the Netherlands, and established by a treaty called the Rome Statute, first presented to the United Nations, the International Criminal Court operates independently. Most countries are parties to the treaty, but there are many major and notable exceptions, including Russia and the United States. And on this issue Ukraine.
Who can be tried by the court?
The court judges people, not states, and focuses on those who have the greatest responsibility: leaders and officials. Although Ukraine is not a member of the court, it has previously accepted its jurisdiction. Therefore, Putin could theoretically be accused by the court of ordering war crimes in Crimea earlier.
However, the ICC is not conducting extrajudicial trials, so it must either be extradited from Russia or arrested outside Russia. This seems unlikely.
How does the ICC file a lawsuit?
Judicial proceedings can be instituted in one of two ways: either a national government or the UN Security Council can refer cases for investigation.
Russia, a permanent member of the UN Security Council, has a veto over the council’s actions. It was the demands of 39 national governments, most of them European, that prompted the current investigation.
How long do these investigations take?
If justice in general is moving slowly, international justice is hardly moving. Investigations at the ICC take many years. Only a handful of sentences have been won.
How would an ICC case affect the conflict?
“For better or worse, the ICC investigation could affect the diplomatic space for negotiations,” said Ryan Goodman, a law professor at New York University and co-editor of Just Security, an online forum.
He says Putin and other Russians may not want to risk arrest if they travel abroad.
The investigation could also weaken Putin at home, he added. “The Russians may realize that this is another reason why Putin can no longer serve his country.
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