On the first day of the war, on February 24, a Russian ballistic missile with a cluster bomb struck near a hospital in the town of Vuhledar in eastern Ukraine.
The war of aggression in Russia has also damaged schools, kindergartens, residential buildings, water stations, electrical systems, government buildings.
The world has accused Russia of war crimes, and the president of the United States, for example Joe Biden has called (moves to another service) The President of Russia Vladimir Putinia war criminals. The International Criminal Court and several others have begun gathering evidence of war crimes.
But is there any hope of holding the Russians and the president of the great power accountable for the atrocities?
“Credible claims”
War crimes include not only rape, torture and other atrocities, but also the deliberate bombing of civilian targets.
In order for a war crime charge to be handed down, the prosecutor must be able to prove that there was no damage or incidental damage.
U.S. Secretary of State Antony Blinken according to the United States has seen very credible reports of deliberate attacks on civilians.
War crimes are serious violations of international humanitarian law during a war.
These include deliberate attacks and atrocities on civilians, prisoners of war and the wounded, as well as deliberate attacks on civilian and cultural sites.
A war crime is also an attack that causes disproportionate damage to civilians or civilian targets in relation to military gain.
In the context of war crimes trials, there is also frequent talk of genocide and crimes against humanity, as well as crimes against peace, such as war of aggression.
At the heart of the rules of war are the Geneva Conventions of 1949 and their additional protocols.
Sources: European Union Agency for Asylum, Trial International, Amnesty
– It is known that Russia uses missiles and artillery whose accuracy is impossible to determine, and the strike could hit 200 meters from the target, says the executive director of the Finnish branch of the human rights organization Amnesty Frank Johansson Ylelle in a phone interview.
These weapons should not be used in civilian areas at all, he points out.
A cluster bomb that spreads explosives over a wide area could also be classified as a prohibited weapon. According to the UN (moving to another service) there are reliable data that Russia has used cluster bombs in Ukraine more than 20 times.
Evidence and its gatherers in the clouds in the dark
One of the gatherers of evidence is the human rights organization Amnesty International. Frank Johansson says Amnesty has documented a dozen attacks, among other things in the bread queue in Chernihiv (you switch to another service)the bombing of Kharkov and Kiev.
“Putting together a puzzle”
Obtaining evidence of war crimes is like putting together a big puzzle, Johansson describes.
Amnesty’s crisis team interviews eyewitnesses in Ukraine and the crisis laboratory analyzes the photos. Experts find that the pictures were taken at the place and at the moment as claimed. They are also compared to satellite images.
Amnesty’s weapons experts, meanwhile, are investigating what kind of weapons are left on the scene. They find out which troops have such weapons and what their range is and where they could have been fired.
According to Johansson, the challenge is that there is so much material that the organization cannot research everything. He therefore welcomes the fact that the evidence is being gathered by a number of parties.
The state leadership can be blamed for the war of aggression
For example, a professor familiar with international courts Philippe Sanders London University College considers that (switching to another service) a charge of aggression would be the most appropriate criminal title for Russia’s actions in Ukraine.
– However, finding a criminal offense in court can be challenging because it contains a political element. Then you should be able to show that the Russian leadership has drawn up such plans, Creutz tells in an email interview.
Amnestyn Johansson states that Germany was last convicted of war of aggression after World War II.
Ukrainians accused of introducing prisoners of war
The Ukrainians have not completely escaped international criticism either.
– Russian authorities have released Russian soldiers. This is also prohibited by the Geneva Convention. Prisoners of war must be treated with respect, says Johansson.
Johansson says they are interested in the actions of both parties.
However, Johansson notes that it is also possible that they did not have access to the information.
– We do not have researchers in the Russian-occupied areas of eastern Ukraine, Johansson says.
The UN Human Rights Council has also set up a commission of inquiry with a mandate to investigate all alleged human rights violations and humanitarian law crimes in Ukraine, Creutz said.
Trial in Ukraine, Russia or The Hague?
Even if sufficient evidence of war crimes can be gathered to prosecute, the problem remains whether the suspects will be brought to justice.
War crimes should be dealt with primarily in the courts of the countries concerned. Russia should itself prosecute war crimes suspects, Creutz points out.
– However, this will not happen unless there is a change of power in Russia, and perhaps not then. In other words, we also need international processes.
The International Criminal Court (ICC) in The Hague can take war crimes if the country is unable or unwilling to do so.
Some politicians and jurists have suggested setting up a special court to investigate the Russian president Vladimir Putin and the actions of those close to him.
Creutz points out that there would be practical problems with the Special Court, as would the ICC.
– Evidence and possible accused would be in Russia.
War crimes do not become obsolete
While it does not seem likely that Russian leaders will be held accountable at the moment, Creutz and Johansson point out that no one knows what the world will look like in the future.
Creutz recalls that the Nuremberg Trials, which condemned Nazi German leaders, were once planned in the middle of World War II.
– So we never know if there will be a situation where we can deal with these crimes, he says.
Johansson points out that even after the war in the former Yugoslavia, the highest authorities were convicted years later.
Creutz and Johansson attach importance to war crimes investigations, even if they do not lead to convictions.
– They are part of the international community’s response to the war in Ukraine. They show that Western countries still rely on international institutions. They report that Putin’s Russia has crossed the border and is seen as a criminal regime, Creutz says.
He also stresses that the investigation of war crimes gives the victims a voice, and seeks to ensure that their accounts are found in the history books.
– Even if only those who have been bombed in a city get justice, it is better that no one gets justice, Johansson says.