Pressure on Vladimir Putin is growing worldwide. Faced with the abuses of the Russian military in Ukraine, the prosecutor of the International Criminal Court announced on Monday his intention to launch an investigation, citing “war crimes” and “crimes against humanity”. But does the Russian president really risk being prosecuted by an international tribunal?
Internationally, more and more voices are rising to condemn “war crimes” committed by Russian forces sent to Ukraine last Thursday by Vladimir Putin. Earlier this week, the British government warned that the Russian president would be “held accountable for any violations of the laws of war”, and Kyiv accused Moscow of planning a “genocide” on its territory.
Similarly, Amnesty International condemns the use of cluster bombs banned in 2010 by an international convention, believing that this should be the subject of a “war crimes” investigation.
Suspicions of “war crimes” and “against humanity”
On Wednesday evening, the prosecutor of the International Criminal Court (ICC) announced the opening of an investigation into the situation in Ukraine, citing “war crimes” and “crimes against humanity” committed on Ukrainian soil. But what has President Putin been doing in power in Russia since 2000, really a risk?
In a statement, International Criminal Court Prosecutor Karim Khan said he was “convinced that there is a reasonable basis to believe that alleged war crimes and crimes against humanity were committed in Ukraine”. To achieve this, Karim Khan relies on a preliminary report commissioned by his predecessor, Fatou Bensouda, presented in December 2020. It focuses on Russian abuses committed in Ukraine after the Maidan revolution in November 2013, especially in Donbass: a decision described as “historic” by Ukraine.
But he added that “in view of the escalation of the conflict in recent days, (he) also intends to include in this investigation any new alleged crime (…) committed by any part of the conflict, anywhere in Ukraine . Karim Khan, who was recently appointed prosecutor, assured that his investigation would be conducted “in an objective and independent manner” and that it would aim to “ensure responsibility for crimes under the jurisdiction of the ICC”.
Similarly, the Organization for Security and Cooperation in Europe has announced that it will set up a mission of independent experts to investigate violations of international law committed by Russia. The report should be finalized “preferably within three weeks” to identify “possible war crimes cases” and “submit to the competent courts”, the Canadian delegation said on Thursday on behalf of 45 member states.
Lawsuits aimed at his desire for territorial expansion?
Theoretically, Vladimir Putin can be tried on several grounds. According to Article 8 bis of the Rome Statute, which establishes the International Criminal Court, “there is crime aggression when one state uses armed force against the sovereignty, territorial integrity and political independence of another state, “lawyers Emmanuel Daoud and Camille Tome recalled in a column published in the newspaper on Tuesday. The world calls on the authoritarian Russian leader to be tried by the ICC.
“This crime must be the act of a leader, that is, a person who is able to control or direct the political or military actions of a country,” said these experts in international law. “By its nature, gravity and scale, this act of aggression must be a clear violation of the Charter of the United Nations.”
But the Russian head of state can also be tried under Article 8 of the International Criminal Court, which punishes military crimes determined by the Geneva and Hague Conventions. But that’s not all: under Article 7 of the Rome Statute, Vladimir Putin may finally be prosecuted by the International Criminal Court for crimes against humanity, that is, for “intentional and shameful violation of the fundamental rights of an individual or group of persons inspired by political, philosophical, racial or religious motives”. In short, “planned” and “widespread attack on civilians.”
“What we have already seen from the Vladimir Putin regime regarding the use of ammunition dropped on innocent civilians is, in my view, a war crime,” British Prime Minister Boris Johnson told lawmakers. , who gave a standing ovation for Ukrainian Ambassador Vadim Pristaiko, present in the galleries of the House of Commons.
Legislative obstacles
By then, several heads of state and government had already been convicted in 2021 by the International Criminal Court for war crimes or crimes against humanity: in particular, Bosco Ntaganda, a former Congolese military leader sentenced to 30 years in prison; or former Serbian Army Commander Ratko Mladic, sentenced to life in prison for his crimes during the Bosnian war.
One of the difficulties of the Russian-Ukrainian conflict is that Russia has not ratified the Rome Statute (ie the International Criminal Court). He actually withdrew his signature in 2016 and therefore no longer recognizes the jurisdiction of this international court in his territory. This is necessary for the court to exercise its jurisdiction. Ukraine is not a member, but in 2014 it accepted the jurisdiction of the Court.
Finally, another problem may make it more difficult to prosecute a head of state like Putin: indeed, the International Criminal Court can only try people who are physically “present at their trial” if one of the countries cooperating with the ICC issues an arrest warrant against the defendant and arrested him for trial under Article 63 of the Rome Statute.
But the ICC is also limited by the lack of police forces and the discretion of states to arrest suspects present on their territory. Under these conditions, it is difficult to know whether such a procedure will succeed.
Jana Bulant BFMTV Journalist