In Ukraine, the Russian military has been accused of bombing civilians, using in particular bombs banned by international law. In this context, the International Criminal Court has launched an investigation to identify possible war crimes committed by Russia in Ukraine. Vladimir Putin can be tried, just like the leaders of his armies. But not for months or even years.
On the ninth day of the Russian invasion of Ukraine, Russian forces continued to bomb several Ukrainian cities, including Mariupol, Kharkiv and the capital Kyiv and the surrounding area. Since the beginning of the invasion, Russia has ensured that it is aimed only at military targets. But this information is denied by Ukrainian authorities, who accuse Russia of targeting public places such as schools, urban centers and residential areas.
In addition, strikes on Friday (March 4th) sparked a fire at Europe’s largest nuclear power plant, Zaporizhia, in southern Ukraine, prompting the UN Human Rights Council to approve a resolution in favor of an international commission investigating violations of human rights and humanitarian law in Ukraine.
The International Criminal Court (ICC) is also acting urgently, launching an investigation into the situation in Ukraine on March 2, where Russia is accused of committing war crimes, at the request of 39 of its countries.
This international tribunal, independent and impartial, judges people accused of war crimes, crimes against humanity and genocide.
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“Today, it seems obvious that war crimes have already been committed by Russian forces against the Ukrainian population and possibly against Ukrainian servicemen. That is why the ICC has decided to launch an investigation, “said William Julie, a lawyer specializing in international criminal law, who was contacted by France 24.
The war crimes identified and implemented by the Geneva Conventions and the Hague Conventions correspond to violations of international law targeting civilians or combatants in conflict.
According to the UN, war crimes can consist of a large number of attacks on people and thus correspond in particular to “killings, attacks on physical integrity or health, rape, deliberate attacks on civilian property, robbery and destruction of civilian property, sometimes necessary for the survival of the civilian population, in an illegal and arbitrary manner. ”
There is no doubt about William Juliet’s responsibility for Russia: are actions that potentially constitute war crimes. ”
Use of illegal munitions against civilians
Not only in Ukraine are Russian forces accused of attacking civilians, but they are also suspected of using weapons banned by international law: cluster bombs. This weapon consists of a container (such as a projectile, rocket, or rocket) filled with projectiles (known as ammunition) that explode after the bomb explodes. These bombs, on the one hand, are very sensitive, and on the other hand, dropping their submunitions, they cover a very wide area of impact.
.@bellingcat proves photos in support of the fact that cluster bombs are used by the Russians in Ukraine. Reminder: these weapons are incompatible with targeted strikes. Therefore, they do not prevent civilian casualties. https://t.co/XoSOehHRm4
– Julien Payne (@JulienPain) March 3, 2022
Therefore, they do not allow accurate targeting. That is why, according to the NGO Handicap International, “civilians represent 97% of the victims” of these bombs and, according to the organization, 36% of them are children. In addition, according to Handicap International, “up to 40% of submunitions do not explode when they hit the ground.” Buried underground, they can explode years later. For all these reasons, the use, production, trade and storage of these weapons are prohibited by the 2010 Oslo Convention.
For William Juliet, “the use of this weapon in the context of armed conflict can in itself characterize the commission of a war crime, insofar as the operation and use of these weapons are almost systematically and indiscriminately directed against civilians and cause disproportionate damage.”
The use of these weapons by Russia (which is not a signatory to the Oslo Convention, such as Ukraine) was also condemned on Friday by NATO Secretary General, following revelations, particularly by Amnesty International and Human Rights Watch and the investigative media Bellingcat. Investigations revealed the use of cluster bombs by Russian forces in Ukraine after the invasion. For example, Human Rights Watch, which believes the use of such weapons “could be a war crime”, documented their use “in at least three residential areas of Kharkiv, Ukraine’s second city, on February 28.” Using satellite images and based on research by researcher Michael Sheldon, a researcher for the American think tank Atlantic Council, the editorial team of France 24 Observers also documented the use of cluster munitions on February 28, 2022 in Kharkiv.
Following NGOs and the media, international justice took matters into its own hands. Invited by France 24, ICC Chief Prosecutor Karim Kahn said a “team on the spot” was gathering evidence. Gathering testimony, strengthening the material and the origin of the shells … A long task awaits investigators. Moreover, the investigation will cover all acts committed in Ukraine “since November 21, 2013,” said Karim Kahn. According to him, this would be “all past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person.”
“Which country will decide to arrest Vladimir Putin?”
Once the evidence is gathered, the trial machine can begin. Ukraine has certainly not ratified the Rome Statute, the international treaty established by the ICC, but has recognized the Court’s jurisdiction to try crimes committed on its territory. For its part, Russia withdrew its signature from the Rome Statute. But as Karim Kahn told France 24, “these are actions that are not taking place in Russia, but on Ukrainian territory.”
In this context, the ICC is prosecuting individuals, not stating, “Vladimir Putin can be persecuted by the ICC, just like his colonels, his army commanders,” if the court gathers enough evidence to charge them with war crimes. The ICC could then consider the case strong enough to initiate proceedings and issue international arrest warrants. “Legally, all this is possible, but the question arises: can the arrest warrant be carried out? In other words, which country will decide to arrest Vladimir Putin?” William Julie asked.
In fact, the ICC is also limited by the lack of police forces and the discretion of states to arrest suspects present on their territory. To date, only one international arrest warrant has been issued against the incumbent, that of former Sudanese President Omar al-Bechir, who is wanted in particular for genocide and crimes against humanity during the Darfur conflict.
Russia and Ukraine are not signatories to the Oslo Convention on Cluster Munitions. “However, this treaty has been signed by a significant number of countries so far, so it is global to say that a large number of countries in the international community agree that these weapons should be banned,” said William Julie. And the lawyer should continue: “Since Ukraine and Russia have not signed this convention, in my opinion there could be no direct claims against one or the other before the International Court of Justice”, the competent authority to prosecute violations of the Oslo Convention.
“But on the other hand, it is obvious that the use of these weapons will be the subject of analysis by prosecutors or ICC magistrates to characterize war crimes,” he confirmed. Therefore, with this investigation, the ICC has taken a long and thorough journey, which will certainly take years. But so far, international justice has no other strings to its bow.
