Investigators believe the atrocities committed in Ukraine could be rife for international prosecution. But successful convictions are rare
The International Criminal Court, or ICC, is seen in The Hague, Netherlands. | Peter Dejong, File/AP PhotoThe Russian military, in retreat after defeat in the cities around Ukraine’s capital, left behind such horror that war crimes investigators are likely to be kept busy for months, if not years.
Ukrainian President Volodymyr Zelenskyy, German Chancellor Olaf Scholz and other leaders have said what the Russians are doing in Ukraine amounts to war crimes. Last month, theNow, the United States, Ukraine and the United Kingdom are investigating reports of alleged chemical attacks in Mariupol, bolstering evidence of possible war crimes if confirmed.
Our general understanding of what makes a war crime is essentially whether there have been “grave” breaches of the, which were established in the aftermath of World War II to ensure that civilians caught in the midst of war and combatants who could no longer fight were protected.
A case that’s been elevated could land at the ICC, which examines allegations in three core areas: genocide, crimes against humanity and war crimes. What separates a war crime from these other gross violations is that the offense has to have happened during an armed conflict — not its causes or post-war fallout — and that the acts in question are directly correlated to the war.You’re getting warmer. Let’s say a fighter pilot is flying a mission over Ukraine.
Take a look at the hallmark for humanitarian treatment in conflict that is often cited in war crime charges. Since being drafted and updated in 1949, the Geneva Conventions have been ratified by 196 states, including all member states of the United Nations — but it doesn’t have a specified definition of war crimes. Instead, it focuses on protecting people who are no longer in conflict.
“Many Ukrainian civilians are losing their lives from strikes that are emanating from the Russian military, from very conventional weapons that are simply used in an unacceptable way,” said Daniel Balson, advocacy director for Europe and Central Asia at Amnesty International USA. “There’s no way to conduct non-precision guided munition strikes in heavily urbanized areas.