Shocking atrocities in Ukraine allegedly carried out by Russian forces have fueled calls for war crimes charges to be brought 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 Russia’s “war crimes”. Russia’s bombing of hospitals and a theater where children took refuge, as well as the alleged use of cluster bombs and so-called vacuum bombs in densely populated areas with many civilians were also called 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 elsewhere to fulfill a burden of proof.
What is the International Criminal Court?
Located in The Hague, Netherlands, the International Criminal Court was created by a treaty called the Rome Statute, first submitted to the United Nations, and operates independently. Most countries are contracting parties, but there are very large and notable exceptions, including Russia and the US. And by the way, Ukraine.
Who can be brought to justice?
The court is testing 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 accepted its jurisdiction. Putin could therefore theoretically be indicted by the court for earlier war crimes orders in Crimea.
However, the ICC does not conduct trials in absentia, so it would either have to be extradited from Russia or arrested outside of Russia. That seems unlikely.
How does the ICC introduce procedures?
Legal proceedings can be initiated in two ways: Either a national government or the UN Security Council can bring cases for investigation.
Russia, a permanent member of the UN Security Council, has veto powers over Council actions. It was inquiries from 39 national governments, most of them European, that triggered this current investigation.
How long do these investigations take?
If the judiciary in general moves slowly, the international judiciary hardly moves at all. Investigations at the ICC take many years. Only a handful of convictions were ever won.
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 can no longer serve their country.”