The International Criminal Court will begin an investigation into Russia’s possible war crimes in Ukraine. But it is unlikely that President Vladimir Putin will be brought to justice. Here’s why
The prosecutor of the International Criminal Court {ICC} in The Hague in The Netherlands has opened an investigation into alleged war crimes and crimes against humanity in Ukraine, where civilians have been killed and cities destroyed in the Russian invasion.
Prosecutor Karim Khan said on Thursday that he has begun the investigation following a referral from 39 countries, including Britain, Germany, France, and Poland. “I have notified the ICC Presidency a few moments ago of my decision to immediately proceed with active investigations in the situation. Our work in the collection of evidence has now commenced,” he announced.
Khan can now start the investigation without the need for judicial approval.
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But what is the ICC? What are the crimes prosecuted by it? Can this court bring Russian president Vladimir Putin and its other leaders to justice?
We answer the questions here:
What’s the ICC and what’s its role?
The International Criminal Court {ICC} is an independent judicial body that “investigates and where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression”.
“The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again,” the ICC website says.
The ICC is not part of the United Nations, but its founding treaty was adopted by the United Nations General Assembly at a conference in Rome in July 1998. The Rome Statute was the outcome of a long process of consideration of the question of international criminal law within the United Nation, according to its website. It came into effect on 1 July 2002 after being ratified by 60 countries.
What crimes does the ICC look into?
The ICC prosecutes four offences, considered the world’s worst crimes: war crimes, crimes against humanity, genocide, and the crime of aggression.
It defines war crimes as “grave breaches of the Geneva conventions in the context of armed conflict and includes, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes”.
Crimes against humanity are “serious violations committed as part of a large-scale attack against any civilian population” and include murder, rape, imprisonment, enforced disappearance, and enslavement, particularly of women and children.
Genocide is characterised by the specific intent to destroy in whole or in part a national, ethnic, racial, or religious group by killing its members or by other means like bodily or mental harm.
The crime of aggression is the “use of armed force by a State against the sovereignty, integrity or independence of another State,” according to the ICC.
What’s the punishment for a war crime?
An individual found guilty of a war crime is likely to get 30 years imprisonment or a life behind bars, depending on the severity of the offence. The court cannot award a death sentence.
A woman holds a placard reading “International Criminal Court in The Hague” above the portraits of both Russian president Vladimir Putin and Belarus president Alexander Lukashenko during a demonstration in support to Ukraine in front of Russia’s embassy in Rome. AFP
Is Russia guilty of war crimes?
Khan said that he was “satisfied that there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have been committed in Ukraine”.
The United Nations has recorded 230 civilian deaths, including 15 children since the Russian invasion began. The Ukrainian emergency service puts the civilian death toll at more than 2000. It has also accused Russia of destroying kindergartens, hospitals, homes, and orphanages.
Russia has relentlessly bombed civilian areas, attacking key Ukrainian cities of Kyiv, Kharkiv, Kherson, and Mariupol. A missile attack, which brought down a TV tower in Kyiv, also destroyed the Holocaust memorial Babyn Yar and a museum building.
Also read: Ukraine moves ICJ against Russia: International Court of Justice and its jurisdiction explained
Can Russia be held accountable?
Hundred and twenty-three countries are part of the ICC. However, 40 countries did not sign up including Ukraine. Russia withdrew from the ICC in 2016, after the court called the Crimea annexation an occupation.
Since Ukraine is not a member, it cannot refer to the alleged war crimes by itself. However, it has accepted the court’s jurisdiction, which allows an investigation.
There is mounting evidence that Russia is guilty of war crimes, but its leaders cannot be prosecuted if the country is not a party to the court. The United Nations Security Council has the power to complain against a non-party, but Russia is a permanent member of the council. This means it can veto.
Is there any way to punish Putin?
To prosecute Putin for war crimes, it has to be proved that he has been responsible for them. If he is charged with war crimes and travels to a country that has universal jurisdiction, it can detain him. But as long as he remains in Russia, it is difficult to take any action against him.
National courts can prosecute individuals despite their nationality and where an offence has been committed if they have universal jurisdiction laws in place. Russia is bound by these laws, but the challenge remains to arrest Putin and bring him to trial. For this to happen, Russia will need a new regime that will not only oust Putin but also extradite him, reports The Guardian. This seems impossible right now.
Has ICC indicted anyone in the past?
The ICC has indicted 45 individuals since its started operations including Ugandan rebel leader Joseph Kony, former President Omar al-Bashir of Sudan, ex-Kenyan President Uhuru Kenyatta, and former Libyan head of state Muammar Gaddafi.
What world leaders are saying about Russia?
United States president Joe Biden said that it’s clear Russia is deliberately targeting civilians. When questioned if Russia was committing war crimes, he added, “We are following it very closely. It’s too early to say that.”
UK prime minister Boris Johnson said Putin “cannot commit these horrific acts with impunity”.
Joining the call to investigate war crimes by Russia, Canadian foreign minister Melanie Joly said that it was also important “for us to show that we are steadfast in terms of our support to Ukraine”.
With inputs from agencies
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