A commission set up by the UN (United Nations) concluded that war crimes were being committed in Ukraine. The group listed regions that had been the target of attacks by Russians and even rapes of elderly women by Kremlin soldiers. The investigation also recorded some instances of abuse by Ukrainian troops. The report is the first result of an independent international investigation and was presented this Friday (23rd) in Geneva.
War crimes are committed when one of the parties voluntarily attacks nonmilitary persons and material. In Ukraine, images of dead bodies with their hands tied behind their backs or in mass graves in civilian clothes and the destruction of hospitals and schools sparked outrage and sparked investigations. In addition to the NATO military alliance (North Atlantic Treaty Organization), several countries called for an investigation into the cases.
The Independent International Commission of Inquiry into Ukraine has documented abuses such as the illegal use of explosive weapons, indiscriminate attacks, violations of personal integrity including executions, torture, illtreatment and sexual violence. One of the aspects that shocked investigators was the widespread use of sexual violence: victims ranged in age from 4 to 82 years. The investigation focused on events in the Kyiv, Chernihiv, Kharkiv and Sumy regions.
In the document, there is no direct accountability for the perpetrators of the crimes, as investigations are still ongoing, but the commission clarifies that it has registered acts of torture and abuse in Russianrun prisons. If the war crime is found, those responsible can be arrested and brought to justice in The Hague, Netherlands.
Bodies of civilians were found in Bucha, northwest of Kyiv, after the Russian army withdrew from the city.
Image: 04/02/2022 Ronaldo Schmidt/AFP
What is a war crime?
A war crime is when one of the parties to the conflict/war willfully violates international law/laws, particularly human rights, says attorney Fabíola Pereira, a crimes against humanity specialist.
Generally, this happens when one of the parties voluntarily attacks nonmilitary people and materials.
Some of the acts that qualify as war crimes are:
- launch deliberate attacks against civilians
- Prisoners of war deprived of a fair trial
- torturing prisoners of war
- Taking civilian hostages
- force shifts
- use poison gas
- rape and sexual assault
Acts like these were not always considered crimes. This happened after World War II, when international authorities drew attention to antihumanity hyperbole in times of conflict.
Genocide, on the other hand, is a type of war crime that is considered more serious than the illegal killing of civilians because it involves the willful, partial or total extermination of a community, ethnic, racial, or religious group.
How are these crimes judged?
The aim of the International Criminal Court is to try people for violations and crimes committed in conflicts around the world. It follows the stipulations of the Geneva Convention (1949) when international treaties were signed to mitigate the consequences of wars on civilians.
International Criminal Court chief prosecutor British lawyer Karim Khan QC says there is reason to believe war crimes have been committed in Ukraine. Investigators will look into past and present allegations dating back to 2013, before Russia’s annexation of Crimea.
If there is evidence, the prosecutor will ask the judges of the International Criminal Court to issue arrest warrants to try people in The Hague, Netherlands.
But there are practical limitations. The court does not have its own police force, so it is up to each state to arrest suspects. Russia is not a member of the court it withdrew in 2016. And Russia’s President Vladimir Putin will not extradite any suspects.
If a suspect went to another country, he could be arrested but that’s unlikely.
explains international law expert Maria Varaki. htm?cmpid=copiaecola
International law expert Maria Varaki points out that the waters of international humanitarian law are murky. The laws are guided by three principles: discrimination, proportionality and precaution, but there is room for interpretation.
“I can give you the example of a shopping mall that was bombed: the Ukrainians said it was clearly civilian infrastructure, and the Russians said it was used as a warehouse for military purposes, according to intelligence sources.” says Varaki. . “It’s all based on interpretation and human judgment: what to aim for, when, and to what extent.”
“Politicians invoke the word genocide for other purposes, to evoke an emotional response. However, under the law, proving this crime is very, very difficult. They must have genocidal intent as defined in the Rome Statute and Convention.” Genocide of 1948.”
This is how some war processes developed:
Crimes in Afghanistan
In 2020, the International Criminal Court (ICC) launched an investigation into US service members for alleged war crimes and crimes against humanity committed in Afghanistan. In 2003 and 2004 torture, cruel treatment, violation of personal dignity, rape and sexual violence were reported to have been committed. The charges also include actions by the Taliban and Afghan security forces.
The investigation was delayed after a request from Afghan authorities to take over the case, but resumed in 2021.
In 2020, further charges were brought against 39 Australian Special Forces personnel. A report by the country itself recommends punishing nineteen suspects in the coldblooded murder of Afghan civilians and paying reparations to the victims’ families.
Abu Ghraib Prison
In 2003, during the Iraq war, the United States was also accused of committing war crimes at Abu Ghraib prison, 20 miles from the capital, Baghdad. The place has been the scene of torture, sexual abuse and murder.
The US government even claimed the crimes were isolated acts, but the International Committee of the Cross, Amnesty International and Human Rights Watch said the brutal acts took place in places other than Iraq, such as Afghanistan and Guantanamo Bay Cuba.
Documents known as the Torture Memoranda show government involvement in the crimes. The United States has not yet been charged with the crimes.
genocide in Rwanda
It was a mass murder of members of the Tutsi, Twa and moderate Hutus ethnic groups in Rwanda that took place between April 7 and July 15, 1994 during the Rwandan civil war. During this period, around 800,000 Tutsi were killed by Hutu militias, mostly with machetes.
There was no international mobilization to stop this massacre and even existing UN troops were withdrawn from the country.
In 1998, the International Criminal Tribunal for Rwanda, a specially created United Nations tribunal to try war crimes and crimes against humanity in that country, convicted JeanPaul Akayesu of genocide and crimes against humanity.
As mayor of the Rwandan city of Taba, he took part in the massacre and oversaw it. It was the first conviction for genocide in history.
The Nuremberg Trials
In 1945 and 1946, after the end of World War II, some of those responsible for the Holocaust were tried in Nuremberg, Germany. Judges from the Allied Forces (Britain, France, Soviet Union and USA) presided over the interrogations of 22 of the leading Nazi criminals. Twelve of them received the death penalty.
Among the accused were highranking officials of the NSDAP and the military, as well as businessmen, lawyers and doctors who had actively worked on the Nazi project.
Three categories of offenses have been established:
- Crimes against peace planning and engaging in warlike activities in violation of international conventions;
- war crimes such as inappropriate treatment of civilians and prisoners of war;
- Crimes against humanity murder, enslavement, deportation and persecution of civilians for political, religious or racial reasons.
Many other criminals have never been brought to justice. But the Nazi trials continued in Germany and many other countries. (For international agencies)