Shocking atrocities in Ukraine, reportedly by Russian troops, have fueled calls for prosecutions of war crimes against Russian President Vladimir Putin.
Images of at least 20 bodies strewn across the street in Bucha, Ukraine, emerged over the weekend following the withdrawal of Russian troops from the area, prompting Ukrainian President Volodymyr Zelensky to end Russia’s “war crimes” . The Russian bombing of hospitals and a theater where children took refuge, along with the suspected use of cluster bombs and so-called vacuum bombs in densely populated areas with many civilians, have also been described as war crimes.
Here is a very broad look at war crimes and the international justice movement.
What is a war crime?
The International Criminal Court has specific definitions for war crimes, which you can read in this guide published by the ICC. In particular, targeting the civilian population, violating the Geneva Conventions, targeting specific groups of people and more could be possible Russian war crimes.
There is a method of collecting evidence from testimonials, satellite images and elsewhere to meet a burden of proof.
What is the International Criminal Court?
The International Criminal Court, located in The Hague, Netherlands, and created by a treaty called the Rome Statute, which was first submitted to the United Nations, operates independently. Most countries are parties to the treaty, but there are very large and notable exceptions, including Russia and the US. And by the way, Ukraine.
Who can be tried by the court?
The court tries people, not countries, and focuses on those most responsible: leaders and officials. Although Ukraine is not a member of the court, it has previously accepted its jurisdiction. Putin could thus theoretically be indicted by the court for previously ordered war crimes committed in Crimea.
However, the ICC does not conduct trials in absentia, so he would either have to be handed over by Russia or arrested outside of Russia. That seems unlikely.
How does the ICC introduce a procedure?
Lawsuits can be brought in two ways: either a national government or the UN Security Council can refer cases for investigation.
Russia, a permanent member of the UN Security Council, has veto power over the Council’s actions. It was requests from 39 national governments, most of them European, that prompted this current investigation.
How long do these studies take?
If justice in general moves slowly, international justice hardly moves. Investigations at the ICC take many years. Only a handful of convictions have ever been won.
How would an ICC case affect the conflict?
“The ICC investigation could affect the diplomatic space for negotiation for better or for worse,” said Ryan Goodman, a law professor at New York University and co-editor of Just Security, an online forum.
He argued that Putin and other Russians may not want to risk being arrested if they travel abroad.
The investigation could also weaken Putin at home, he added. “The Russians may come to realize that this is another reason Putin can no longer serve their country.”