World leaders have vowed to hold President Vladimir Putin responsible for war crimes as evidence grows that Russian forces have killed civilians in Ukraine.
The Kremlin has denied the allegations, saying recent photos from the Kiev suburb of Bucha, which was liberated from Russian control last week, were staged. But President Biden called him a war criminal. And President Vladimir Zelensky said Putin was responsible for the genocide.
If past war crimes prosecutions are any indication, the process is difficult and profound and takes years of investigations and litigation that are resolved only decades after the end of the conflict.
Here’s what you need to know:
What is a war crime?
A war crime is an act committed during an armed conflict that violates international humanitarian law designed to protect civilians. The rules of war are codified in various treaties, including the Geneva Conventions of 1949 and the Hague Conventions of 1899 and 1907.
The main entity that can hold those responsible for war crimes is the International Criminal Court. It was created in 1988 through a treaty known as the Rome Statute, which lists actions that can be prosecuted as war crimes, including premeditated murder, torture and deliberate attacks on civilians. Some cases have been brought before special tribunals set up by the United Nations.
What evidence is there of potential war crimes in Ukraine?
Ukraine’s chief prosecutor, Irina Venediktov, said the bodies of 410 people, apparently all civilians, had been found in the Kyiv region. Human Rights Watch said it had documented cases of rape, execution and robbery of civilian property.
The New York Times reports on indiscriminate killings, torture and other violence against civilians. The ICC has already launched a criminal investigation into possible war crimes in early March.
“What they did in Bucha, or the bombing of a hospital or school, is at first sight a war crime,” said Kuon O-Gon, an international law expert who has been a judge at the International Criminal Tribunal for the Former Yugoslavia. .
How are war crimes investigated?
War crimes are investigated as any criminal activity would be by questioning witnesses, reviewing photos or videos, and gathering forensic evidence, including ballistic analysis, autopsies, or DNA tests. Prosecutors must prove beyond a reasonable doubt that the persons knowingly committed the crimes.
It is more difficult to prove how much the head of state knew and whether he was directly responsible for what happened under their command.
What are the chances that Vladimir Putin will be held accountable?
The ICC does not have its own police force or military. The court relies on states to extradite their citizens to court. This is unlikely to happen to high-ranking Russian officials, much less to Mr Putin.
Mr Kuon noted that there was no statute of limitations for war crimes. Evidence or inside information may emerge years later, and Putin or others may be brought to justice to be held accountable.
“Even if it takes 10 or 20 years, even after Putin is removed from power, he could be on trial,” Mr Kuon said.
Which heads of state have been tried for war crimes?
Slobodan Milosevic, known as the “Butcher of the Balkans”, was the first former head of state to be tried for such crimes in 2002. He died in his cell in The Hague as his four-year trial drew to a close before sentencing.
Charles G. Taylor, the former president of Liberia, was sentenced to 50 years in 2012 for atrocities committed in Sierra Leone during the civil war in the 1990s. Laurent Gbagbo, former president of Côte d’Ivoire, has been acquitted of crimes against humanity and other allegations of violence following the country’s 2010 presidential election.
The ICC issued an arrest warrant for Libyan leader Colonel Muammar al-Gaddafi in 2011, accusing him of crimes against humanity, but he was killed in October before being brought to justice.
Former Sudanese President Omar Hassan al-Bashir is wanted by the court on charges of genocide and war crimes in the Darfur region, but he has not been extradited by Sudan’s transitional government.
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