Many high-rise buildings were destroyed in the city of Borjanka, north-west of Kyiv.
Cruel atrocities in Ukraine allegedly carried out by Russian forces have fueled calls for war crimes charges against Russian President Vladimir Putin.
Images of at least 20 bodies strewn across the street in Bucha, Ukraine, emerged over the weekend after Russian forces withdrew from the area, prompting Ukrainian President Volodymyr Zelenskyy to call for an end to “Russian war crimes.” The Russian bombing of hospitals and a children’s theater as well as the alleged use of cluster bombs and so-called vacuum bombs in densely populated areas with many civilians were also described as war crimes.
Here is a very comprehensive look at war crimes and the international justice movement.
What is a war crime?
The International Criminal Court has specific definitions of war crimes, which you can read about in this guide published by the ICC. Specifically, targeting civilians, violating the Geneva Conventions, targeting specific groups of people, and more could all be potential Russian war crimes.
There is a method of gathering evidence from witness statements, satellite imagery, and other means to meet the burden of proof.
What is the International Criminal Court?
The International Criminal Court is based in The Hague (Netherlands) and was created by a treaty called the Rome Statute first submitted to the United Nations and operates independently. Most countries are parties to the treaty, but there are big and notable exceptions, such as Russia and the United States. And of course Ukraine.
Who can be brought to justice?
The court judges people, not countries, and focuses on those who bear the greatest responsibility: leaders and officials. Although Ukraine is not a member of the court, it has previously recognized its jurisdiction. Therefore, in theory, Putin could be charged by the court with previously ordering war crimes in Crimea.
However, the ICC does not conduct trials in absentia, so it would have to be surrendered by Russia or arrested outside of Russia. This seems unlikely.
How does the process begin at the ICC?
Legal proceedings can be initiated in two ways: A national government or the UN Security Council can present cases for investigation.
Russia, a permanent member of the UN Security Council, has veto power over the Council’s actions. It was inquiries from 39 national governments, most of them European, that triggered the current investigation.
How long do these investigations take?
If the judiciary in general moves slowly, the international judiciary hardly moves at all. The investigations at the ICC take many years. Few convictions were achieved.
How would an ICC case affect the conflict?
“For better or worse, the ICC’s investigation can hamper the diplomatic space for negotiations,” said Ryan Goodman, a New York University law professor and co-editor of Just Security, an online forum.
He argued that Putin and other Russians might not want to risk arrest when traveling abroad.
The investigations could also weaken Putin at home, he added. “Russians might realize that this is another reason why Putin cannot continue to serve his country.”