ICC Prosecution for War Crimes

 

What is a war crime?  Even war has rules.

• The definition of war crimes are set out in treaties called the Geneva Conventions along with other international laws and agreements.
• Military forces cannot deliberately attack civilians -- nor the infrastructure that is vital to their survival.
• Some weapons are banned because of the indiscriminate or appalling suffering they cause -- such as anti=personnel landmines and chemical or biological weapons.
• The sick and wounded must be cared for -- including injured soldiers,who have rights as prisoners of war.
• Serious offences such as murder, rape or mass persecution of a group are known as 'crimes against humanity' or in some circumstances, 'genocide
  

Reuters

Russia and its president have been referred to the International Criminal Court repeatedly, in reflection of the crimes against humanity committed by the Russian military as a whole and by Russian servicemen in episodes of vicious brutality, including torture, rape, looting, murder. It was inevitable, given Russia's violent invasion of Ukraine, and witnessed, photographed and first-person accounts of crimes committed by Russia that the International Criminal Court would be involved in prosecuting the perpetrator of barbarism in a conflict of territorial expansion.

"We see clearly a pattern, I think, in terms of the number, scale and breadth of attacks against the power grids of Ukraine. And we need to look at why that’s taking place; are they legitimate targets or not; and whether or not they are targeted for other reasons." 

"Children cannot be treated as the spoils of war."

"There seems to be a lot of damage in Ukraine, and it may well be it is part of a policy and part of a plan and we need to get to the bottom of it and see whether or not there is criminal responsibility and if there is we have an International Criminal Court that has jurisdiction to look into it."

"As a prosecutor we are officers of the court. We are not here to get a round of applause by a conjuring trick. Whenever we do move, [people] should have confidence that this is not a political process."

ICC Chief Prosecutor Karim Khan

Mairupol theatre after the air strike    Reuters

The International Criminal Court has announced its preparation to initiate the arrest of Russian officials for their role in forcibly deporting children from Ukraine and for deliberately targeting civilian infrastructure. An unnamed source stated that arrest warrants could include the crime of genocide, expected to be served in the "short term" should the court prosecutor request be approved by a pretrial judge at the court based at The Hague.

Just as Russia, with its permanent seat on the United Nation Security Council vetoes any sanctions the other Security Council members, with China supporting Russia, bring forward, it is a foregone conclusion that it will use its weight at the UN to reject any such arrest warrants naming any Russian officials. An international war crimes prosecution would have the ultimate effect of pushing Moscow down a steeper diplomatic isolation incline. Russian officials named would theoretically find it difficult to travel abroad.

Dial back to the vicious assaults by the Sudanese military and its government on Sudanese Darfurians inspiring the International Criminal Court to prosecute the Sudanese president Omar Al Bashir and its head of military for 'genocide, war crimes and crimes against humanity committed in  Darfur, Sudan, since 1 July 2002' and the spectacle of Al Bashir travelling abroad to attend meetings of the Arab League where his presence was accepted and none there made a move to arrest him.

Moscow predictably denies deliberately targeting Ukraine's civilian infrastructure, insisting its attacks are merely intended to reduce Kyiv's fighting capacity. Russia feels it was completely legitimate to bring thousands of Ukrainian children to Russia as a humanitarian campaign meant to protect orphans and abandoned children from the conflict zone. Kyiv clarifies the situation, that thousands of Ukrainian children were deported to be adopted into Russian homes or placed in Russian camps and orphanages.

Exposed exclusively to a Russian education and ambience, given Russian passports, taught to be Russian and to reject their Ukrainian heritage, nationality and culture, the children are expected to consider themselves Russian. The genocvide convention of the United Nations defines 'forcibly transferring children of one group to another group' to be one of five acts prosecutable as genocide. 

The ICC can bring a prosecution against political leaders for "waging aggressive war". This covers an unjustified invasion or conflict not undertaken in self-defence.   Getty Images

Kyiv had taken its own prosecution action previously, conducting a few war crimes prosecutions of individual Russian soldiers accountable for incidents such as killings or rapes in occupied Ukraine territory. The prospective ICC prosecution would elevate the charges while targeting officials responsible for policies and not just the minions perpetrating such war crimes on the ground.

Russia is itself mindful of its diplomatic isolation, currying closer relations with those countries willing to overlook its barbaric war in Ukraine. The most senior and important to Moscow of which is Beijing. China's President Xi Jinping is on the cusp of visiting Russia, responding to a long-standing invitation. Just the kind of friendly support that President Vladimir Putin most appreciates at this vexing time from a powerful ally.

Rumour has it that President Xi may plan to speak by video link to Ukraine's President Volodymyr Zelenskyy. Beijing has made overtures in the past to bring Moscow and Kyiv to peace talks, but Beijing doesn't make the rules and Moscow insists that Kyiv accept all the territorial gains that Russia feels it is entitled to, and for Ukraine to disarm, and disavow joining NATO. Unlikely prospects.

Beijing has just pulled off a diplomatic coup in persuading Saudi Arabia and Iran to set aside their long-standing polarizing issues which has brought them into conflict by proxy, in Syria and in Yemen. Iran, resenting Saudi Arabia's role as custodian of Mecca and Medina, aspiring to hold that role itself, the two nations, the Sunni-Islam Kingdom of Saudi Arabia and the Shiite Islamic Republic of Iran have agreed to restore diplomatic relations. Whether they will put a halt to battlefield hostilities is another matter.

"We do not recognize this court; we do not recognize its jurisdiction."

Vladimir Putin’s spokesperson, Dmitry Peskov

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