Last April, we spoke to nine experts about what prosecution for war crimes in the Russia-Ukraine war could look like, and how previous war crimes prosecutions have played out. Here's what to know:
keeps mounting. Could perpetrators be held to account under international law? If so, how soon could that happen? And what do past war crimes prosecutions suggest about how such efforts could play out now?There are many possible routes for investigation and prosecution, but three courts are of particular importance for probing Russia’s actions in Ukraine.
A third key entity is the European Court of Human RIghts, which includes European Union members as well as a range of other countries. Cases in this court can be brought by a state against a state, or by an individual against a state. The tribunal system was generally used before the International Criminal Court was fully operational. The court’s establishment was intended to standardize the process and make individual tribunals obsolete, though there’s nothing to stop the tribunal model from being used again.
Russia hasn’t joined the International Criminal Court, either. And while Russia is a member of the European Court of Human RIghts, it has declared its intent to withdraw from the body. Finally, the "universality principle" of international law holds that any state can try anyone for violating "universal" crimes, including war crimes. The 1961 trial of Nazi official Adolf Eichmann by Israel falls into this category, as does the 2021in Germany of Islamic State member Taha al-Jumailly for crimes affecting Yazidis, Assyrian Christians, and Shiites in northern and western Iraq.
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