Russia-Ukraine Conflict: The President of Russia Vladimir Putin who has been condemned by the countries globally for an invasion of Ukraine, is also being accused of war crimes in the town of Bucha which is just outside the Capital of Ukraine Kyiv. France, Germany, and other countries have accused Putin of committing war crimes in Bucha.
According to the Mayor of Bucha, 300 residents have been killed by the Russian troops in a month-long occupation. However, Russia has always denied targeting civilians and has rejected the allegations of war crimes by the Western countries in what it calls a military operation in Ukraine.
As Putin faces worldwide condemnation against the war crimes committed by Russia in Bucha, let’s understand what is a war crime and whether Vladimir Putin can be prosecuted for committing it.
Bucha Killings incident
Bucha massacre or Bucha Killings is a series of possible war crimes committed by Russia. It involved the killings of the civilians in the areas controlled by Russia in the Ukrainian city of Bucha after Russia’s invasion of Ukraine in February 2022.
As part of Russia’s invasion of Ukraine, Putin’s army moved into the city of Bucha which also made it one of the first outlying areas of Kyiv that the Russian forces had moved into. According to Bucha’s mayor, more than 300 residents of the city were found dead. It further led to Ukraine’s request to the International Criminal Court to investigate what happened in the Ukrainian town.
Russia, on the other hand, has denied any form of wrongdoing in Bucha, describing the photographs and footage of the dead bodies as a staged performance by Ukraine. ‘
What is a war crime?
War Crime is defined by the International Court of Justice (ICJ) as ‘grave breaches’ of the post-World War II Geneva Conventions. These are the agreements that lay out the international humanitarian law that must be followed during the war.
The breaches to the agreements include targeting civilians deliberately as well as attacking legitimate military targets where the civilian casualties can be excessive. Some weapons are also banned because of the suffering they cause. It includes chemical or biological weapons and anti-personnel landmines.
Serious offenses such as rape, mass persecution, or murder are known as ‘crimes against humanity’.
Can Vladimir Putin be prosecuted for war crimes in Ukraine?
It is easier to pin a war crime on the soldier who commits it, than on the leader who passed the order for the crime. An investigation related to war crimes may focus on the commanders, head of the state, and the soldiers.
A prosecutor, if successful, can present evidence that Russian President Putin or another state leader had committed a war crime by ordering an illegal attack. They can also be held responsible if they knew the crimes were being committed and they failed to prevent them.
According to Hugh Williamson of Human Right Watch, establishing the chain of command is extremely important for any future trials. It includes whether a leader has authorized crime or simply had turned a blind eye. Williamson is an expert in gathering evidence of war crimes.
How will Russia be held guilty for war crimes in Ukraine?
The International Court of Justice (ICJ) will issue an arrest warrant if the prosecutors can show reasonable grounds that war crimes were committed. In order to obtain a conviction, the prosecutor will also have to prove a defendant’s guilt beyond a reasonable doubt.
ICJ rules on the disputes between states, however, cannot prosecute individuals. Ukraine has already begun a case against Russia. If the court rules against Russia, the United Nations Security Council will be responsible for enforcing that, but Russia can veto any proposal to sanction it as it is one of the council’s five permanent members.
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