During the Ukraine war, the images from Bucha shook the world. War crimes are being talked about internationally – can Vladimir Putin be prosecuted for them?
Kyiv/Moscow – The reports of terrible atrocities committed by the Russian army in the Ukraine war are piling up. Since the troops of Kremlin ruler Vladimir Putin withdrew from the area around Kyiv, it has apparently become clear how terrible the extent of the violence in the areas is. At the heart of it all: the small capital suburb of Bucha.
There is talk of a real massacre. Hundreds of civilians are said to have been killed by Russian troops. President Volodymyr Zelenskyy spoke to the UN late Tuesday afternoon about planned executions and “civilians who were run over with tanks for fun”. Russia denies the crimes on the ground, but new reports regularly paint a picture of horror. There is talk of war crimes from many high-ranking sources. Chancellor Olaf Scholz accused Russia of the same in response to the reports from Bucha. US President Joe Biden already called Putin a “war criminal” in mid-March. “The truth is – we saw it in Bucha – he is a war criminal,” he renewed his accusation on Monday – and called for prosecution. However, it is not that simple.
War crimes in the Ukraine war: The International Court of Justice would be responsible
Undoubtedly, the brutal incursion of Russian troops into Ukraine is due to decisions made by Vladimir Putin. A certain share of responsibility on the part of Putin for alleged war crimes therefore seems more than obvious. In order to understand why prosecuting the despot is not so easy, it must first be clear what war crimes actually are. The International Court of Justice (ICC) in The Hague defines these as “serious breaches” of the Geneva Conventions. In these, “internationally binding rules for dealing with prisoners of war, wounded soldiers and civilians in wars” are listed, writes the Federal Agency for Civic Education.
The intentional killing of civilians, for example, as it is said to have happened in Bucha, falls under the category of war crimes, explains Jonathan Hafetz, an expert on international criminal law at the agency Reuters. Of course, it requires evidence. The ICC would be responsible for any investigation, charges and prosecution. For this, evidence would have to be collected as quickly as possible – such as photos, videos or witness statements. Opposite to Reuters James Goldston from the human rights organization “Open Society Justice Initiative” stated that the pictures and reports from Bucha would allow an indictment.
Vladimir Putin: Can Kremlin despot be prosecuted for war crimes in Ukraine war?
The question of the perpetrator must then be clarified. If Russian soldiers are actually the perpetrators, their commanders would also have a turn, since the soldiers are subject to the official command structure. Is there evidence of this, could high-ranking accomplices also be tried – and thus also Putin?
Easier said than done. Because of course it could be argued that the Kremlin boss and close confidants were involved in war crimes by commissioning them or at least knowing about such crimes and did not prevent them. And also heads of government could not invoke their immunity in an indictment. Here, however, lies the crux of the matter: clear evidence is needed. “There is a real risk that in three years you will start negotiations against lower-ranking people and the people responsible for this horror – Putin, Lavrov, the defense minister, the security services, the military and those who helped financially – are let off the hook,” explains lawyer Philippe Sands to the Associated Press.
Ukraine war: Putin a war criminal? Why a trial seems unlikely
In addition, there are problems with the possible negotiations. For one thing, neither the USA and China nor Russia and Ukraine are member countries of the ICC. In addition, an arrest warrant would only be issued when prosecutors can provide clear justifications for the war crimes and guilt can be proven beyond a reasonable doubt. It is doubtful that Russia, which is neither a member of the court nor recognizes the tribunal, would allow itself to be carried away in cooperation to provide complete clarification. A refusal to cooperate is more likely. An extradition of Putin would probably only become more likely with a regime change in Moscow.
And this leads to the next problem: the ICC cannot convict someone who is absent from the hearing or who is not in physical custody. A possible trial would therefore be delayed until a suspect was arrested. Nevertheless, the situation would not be anything but easy to avoid for Putin. Because the accompanying international arrest warrant would oblige every member state to arrest Putin when entering a country. And then he could also be tried – provided there is evidence.
Meanwhile, other former allies are turning away from Moscow during the war. Kazakhstan dealt Putin a political blow. (han)
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