Posted in News.

Russia's responsibility for war crimes: who will judge russia for the war in Ukraine?

Russia's crimes will be punished. Ukraine is actively working in the legal field to convict Russia of being a terrorist state as a result of the war and compensate Ukraine for its losses. russian war criminals, from the very top, will receive a real sentence.
 
In general, crimes committed by Russia in Ukraine will be considered by such institutions:
◾ International Court of Justice
◽ International Criminal Court
◾ special tribunal
◽ national authorities
 

🧑‍⚖️ International Court of Justice

It is the Member States that are being held accountable. The decision of this court will officially define Russia as the violator of international law. And this will create conditions for Russia to pay reparations to Ukraine for the damage caused.
⏳ The process
On March 7, the International Court of Justice began holding public hearings in the case concerning Allegations of Genocide committed by russia.
On March 16, the UN tribunal ordered Russia to cease hostilities immediately
Now, as part of further consideration, Ukraine must submit a memorandum to the The International Court of Justice outlining all the circumstances and violations by Russia. It must be submitted by September 23.
📍 Ukraine has also filed a lawsuit with the International Court of Justice for damages caused by the full-scale invasion. However, the only body that will be able to enforce such a decision will be the UN Security Council, where Russia has a veto. Therefore, it is planned to create a more effective mechanism that will help bring Russia to justice.
In particular, on April 28, the PACE adopted a resolution calling on the UN General Assembly to "request an advisory opinion from the UN International Court of Justice on possible restrictions on the veto power of permanent members of the UN Security Council." If this decision is made, it will mean depriving Russia of its veto power, which it actively uses in the Security Council to block any reaction to its aggression against Ukraine.
🧑‍⚖️ UN Human Rights Council
This institution will ensure the investigation, collection of evidence and identification of perpetrators.
⏳ On March 4, at the request of Ukraine, an urgent debate was held, and a resolution "The human rights situation in Ukraine as a result of Russian aggression" was adopted. On March 30, the Commission to Investigate Russia's War Crimes against Ukraine began operating.
On May 9, Ukraine requested a special extraordinary session of the UN Human Rights Council to discuss Russia's war crimes in the occupied Ukrainian territories, including Mariupol.
☑️ On May 12, the UN Human Rights Council approved a resolution initiated by Ukraine "Deterioration of the human rights situation in Ukraine as a result of Russian aggression."
The document provides for a special investigation by the Commission of Inquiry into Ukraine into violations and crimes resulting from the Russian occupation of the currently liberated territories and a report by the UN High Commissioner for Human Rights on the critical humanitarian situation and serious human rights violations in Mariupol.
This document is important for ensuring the responsibility of those guilty of serious human rights violations and war crimes during the Russian aggression against our state.
 

International Criminal Court

👉 The ICC solves cases against individuals, not the state as a whole. Its jurisdiction includes the following international crimes: genocide, crimes against humanity, war crimes and crimes of aggression. Here we can talk about personal responsibility of the top political and military leaders of the russian federation, that have immunities and therefore cannot be prosecuted at the national level.
⏳ Consideration
In March, the court launched a formal investigation into the case against russia at the request of more than 40 states (this is an unprecedented number).
The case against Russia is currently in the second stage - gathering evidence and conducting an investigation.
Ukraine became the first country in the world where a prosecutor from the International Criminal Court arrived to record war crimes before the end of the conflict.
📌 The ICC cannot replace national courts, but instead investigates cases that cannot be prosecuted by national law enforcement for some objective reason. The investigation, which is currently being conducted jointly by Ukrainian law enforcement agencies, the Prosecutor's Office and the Prosecutor of the International Criminal Court himself, will result in an assessment of which crimes will fall within the ICC's jurisdiction and which can be dealt with under Ukrainian law.
📍 Possible timeline and sentence
russian soldiers committed each of the four international crimes, including the crime of genocide. It is important that some countries at the parliamentary level have identified the actions of russian troops in Ukraine as genocide. In particular, among them are Latvia, Lithuania, Estonia, Canada and others.
These crimes are horrific and have no statute of limitations. Therefore, a person who commits one of these crimes will be prosecuted for life and may be arrested in all states whose laws provide for liability for international crimes. Responsibility for such crimes can range from several years to life imprisonment, depending on the severity.
🤝 The ICC also joined the joint investigation team to investigate russia's war crimes. Members of this group will plan investigative strategies, as well as exchange information and evidence quickly and securely.
The joint investigation team includes Ukraine, Lithuania, Poland and Eurojust, which includes 27 EU member states and 10 other states.
Each of the states has its own national investigation into russia's aggression in Ukraine. The Office of the Prosecutor of the International Criminal Court has also launched a full-fledged independent investigation.
 

◽ Establishment of a special tribunal

The most effective and fastest tool to bring to justice Putin, the russian military leaders and the sponsors of the war is to create a special international military tribunal in the practice of the Nuremberg Trials.
⏳ On March 4, the Declaration on the Establishment of a Special Tribunal for the Punishment of the Crime of Aggression against Ukraine was proclaimed.
The text and draft of the declaration were created by a group of leading Ukrainian and British international lawyers. It has been signed by a number of international experts, from lawyers specializing in international law to former judges of international courts. The special tribunal must ensure the prompt investigation of all crimes and the inevitability of punishment.
🤝 Support the establishment of the tribunal
➡️ A recent PACE resolution immediately called for the establishment of a special international tribunal to investigate and prosecute the russian political and military leadership for the crime of aggression.
The PACE was the first organization to add this to the resolution. Therefore, for Ukrainian international lawyers, this will be a good basis for further negotiations. The resolution also mentioned confiscating the money of people who were under sanctions in favor of Ukraine.
➡️ On 19 May, the European Parliament adopted a resolution on fight against impunity for war crimes in Ukraine, calling on the EU institutions to establish without delay, with the support of multilateral fora (such as the UN and the Council of Europe), an appropriate legal framework to establish a special international tribunal to punish committing a crime of aggression against Ukraine by political leaders and the military command of russia and its allies.
➡️ The establishment of the tribunal was supported by the Minister for Foreign Affairs of Ukraine Dmytro Kuleba, the former Prime Minister of the United Kingdom, and a number of countries.
📍 The establishment of an international tribunal requires an agreement of many countries, which must be formalized by an international agreement. It should be established by a group of like-minded states in the form of a multilateral treaty approved by the UN General Assembly. It is expected that the special tribunal should start its work in the near future, including with the use of extramural justice.
 

◽ Ukrainian judicial institutions

The largest number of lawsuits should take place at the national level.
The servicemen of the russian federation, in respect of whom there are no data on their committing war crimes, are prisoners of war and are subject to placement in appropriate POW camps. At the same time, the actions of Russian servicemen who still committed war crimes are qualified under Art. 438 of the Criminal Code of Ukraine "Violation of the laws and customs of war".
⚖️ Ukrainian law enforcement agencies initiated more than 10.5 thousand criminal proceedings, of which 97% - on violations of the laws and customs of war. Thirteen countries have already begun prosecuting war criminals under universal jurisdiction. On May 23, Ukraine has already handed down the first sentence against a Russian soldier who committed a crime against a civilian.
All criminals will be punished!
  • Hits: 473
About us
Contact us