US President Joe Biden publicly labelled Russian President Vladimir Putin a “war criminal” for his barbarous attack on Ukraine’s major cities.
Joe Biden, President of the United States, speaking at a public event titled “President Putin is a War criminal.” However, experts suggest that prosecuting Putin and other Russian leaders would make matters worse and would take a long time. The International Criminal Court has started investigating the possible war crimes of Russia in Ukraine.
What is a War crime?
The United Nations defines war crimes as humanitarian breaches during an international or domestic conflict with civilians or the opposite armed forces. After certain negotiations, 120 countries decided to form an international court to treat major crimes committed during or after a war.
The International Criminal Court’s purpose was to hear the issue and prosecute the most serious crimes that concern the international community. These include crimes of genocide, crimes against humanity, and war crimes. War crimes are the utmost breaches of the Geneva Convention of August 12th, 1949.
Further, other serious violations of the laws and customs applicable in an armed conflict also come under the heading of “War Crimes.” The Geneva Convention is a set of rules that the world decides to follow during a war.
War crimes in an international conflict usually include: wilful killing, torture, inhuman treatment, and use of biological experiments, wilfully causing serious injury to body or health, extensive destruction of properties, compelling a prisoner of war, depriving a prisoner of war of any humanitarian rights or free trial, unlawful deportation or confinement, taking hostages.
Except for the Geneva Conventions, other violations can also be considered war crimes. Directing attacks on civilians, civilian objects, personal, installations, material, units, or vehicles that are part of humanitarian aid or peacekeeping missions are some of them.
Killing or wounding a soldier who has laid down his weapons, or having no further means of defence, has surrendered, is also considered a war crime.
What made Putin a War criminal?
Russia’s invasion of Ukraine has completed 27 days. For many days, the brutality of the Russian army has been increasing constantly. Ukrainian President Volodymir Zelensky accused the Russian military of targeting residential areas in Kharkiv on February 28. Several missiles were launched in civilian areas, described by Zelensky as a “war crime”. More than 80% of residential buildings in Kharkiv are in ruins.
Further, on March 4, the US described the annexation of the Zaporizhzhia nuclear power plant in Enerhodar as a war crime. On the same day, Ukraine alleged Russia was using cluster bombs to try and capture major cities in Ukraine. Americans describe cluster bombs as a single bomb that releases dozens or hundreds of bombs into the air.
A single cluster bomb has the capability of destroying an area as large as several football fields. Apart from this, Russia is also accused of using vacuum bombs to win over Ukraine. Ukraine’s ambassador to the US, Oksana Markarova, alleged the Russians were using vacuum bombs. Vacuum bombs are banned by treaty along with weapons that attack combatants and civilians in the same manner.
The International Criminal Court’s charge against Putin
The International Criminal Court does not summon the entire government of any country but only the individuals responsible for the violations. However, since neither Ukraine nor Russia are part of the Rome Statute, Putin can be charged with war crimes. Because, in 2013, Ukraine accepted the jurisdiction of the ICC.
The chief of the International Criminal Court, Karim Khan, has started investigating the violations of Russia in Ukraine. Around 39 member states requested the ICC to investigate the matter. But Putin’s prosecution depends entirely on Russia’s cooperation. The ICC cannot hold trials if Putin is absent during the hearing. Putin will have to surrender himself to the authorities.
Moreover, if the ICC issues an arrest warrant against Putin, he might not be able to leave Russia. As it will be the entire responsibility of the 123 member states to hand over the accused to the authorities if he steps into their territory. Furthermore, trials for war crimes are extremely difficult processes. The procedure includes collecting evidence and interviewing witnesses.
And to perform this in the middle of an ongoing war makes it more difficult. The case may continue for years, and there is a good possibility that they may not reach a verdict for decades. Among other things, the investigation into possible war crimes in Darfur began in 2005 and hasn’t come to a conclusion yet.
Published By: Apoorva Wakodikar
Edited By: Subbuthai Padma
