A commission created by the UN (United Nations) concluded that war crimes were committed in Ukraine. The group listed areas that were the target of attacks by the Russians and even the rape of elderly women by Kremlin soldiers. The investigation also recorded some cases of abuse of Ukrainian troops. The report is the first result of an independent international investigation and was presented in Geneva this Friday (23).
A war crime occurs when one of the parties voluntarily attacks non-military persons and materials. Images of corpses in plain clothes, with their hands tied behind their backs or in mass graves, and the destruction of hospitals and schools in Ukraine led to reactions and investigations. Several countries in addition to the military alliance nato (Treaty Organization North Atlantic), called for the investigation of the cases.
Ukraine’s International Independent Commission of Investigation has documented violations such as the illegal use of explosive weapons, indiscriminate attacks, executions, violations of personal integrity, including torture, ill-treatment and sexual violence. One aspect that shocked investigators was the widespread use of sexual violence: the victims were between the ages of 4 and 82. The investigation focused on events in the Kyiv regions, Chernihiv, Kharkov and Sumi.
The document lacks direct accountability for the perpetrators of the crimes as this investigation continues, but the commission makes clear that it has recorded acts of torture and abuse in Russian-held prisons. If a war crime is found, those responsible can be arrested and tried in The Hague, Netherlands.
Image: April 2, 2022 – Ronaldo Schemidt/AFP
What is war crime?
Fabíola Pereira, a lawyer who specializes in crimes against humanity, says that a war crime occurs when one of the parties to the conflict/war deliberately violates international rights/laws, especially by violating human rights.
Generally speaking, it happens when one of the parties voluntarily attacks non-military persons and materials.
Some of the acts that are considered war crimes include:
- launching deliberate attacks against civilians
- deprive prisoners of war from a fair trial
- torture prisoners of war
- taking hostages among civilians
- force displacements
- use poison gas
- rape and sexual assault
Such acts were not always considered criminal. This happened after the Second World War, when international authorities paid attention to the exaggerations against humanity in times of conflict.
Genocide, on the other hand, is a type of war crime considered more serious than the unlawful killing of civilians because it constitutes the deliberate, partial or total destruction of a community, ethnic, racial or religious group.
How are these crimes prosecuted?
The International Criminal Court aims to prosecute individuals for violations and crimes committed in conflicts around the world. It follows the agreements made in the Geneva Convention (1949), in which international agreements were signed to reduce the consequences of wars on the civilian population.
British lawyer Karim Khan QC, chief prosecutor of the ICC, said there was reasonable basis to believe war crimes were committed in Ukraine. Investigators will examine past and present allegations dating back to 2013, before Russia’s annexation of Crimea.
If there is evidence, the prosecutor will ask ICC judges to issue warrants for arresting individuals pending trial in The Hague, Netherlands.
But there are practical limitations. The court does not have its own police force, so it is up to each state to arrest suspects. Russia is not a member of the court – it withdrew in 2016. And Russian President Vladimir Putin will not extradite any suspects.
If a suspect has traveled to another country, they may be arrested – but this is highly unlikely.
International law expert Maria Varaki points out that the waters of international humanitarian law are murky. Laws are guided by three principles: distinction, proportionality and discretion, but there is room for interpretation.
“I can give the example of a bombed mall: the Ukrainians said it was clearly civilian infrastructure, while the Russians said it was used as a warehouse for military purposes, according to secret service data.” says Varaki.. “Everything depends on interpretation and human judgment: what to target, when and to what extent.”
“Politicians use the word genocide for other purposes to provoke an emotional response. But legally proving this crime is very, very difficult. You must have the intent to commit genocide as defined in the Rome Statute and the Convention. The 1948 Genocide.”
Here’s how some of the combat trials have evolved:
crimes in Afghanistan
In 2020, the International Criminal Court (ICC) launched an investigation into US military personnel for alleged war crimes and crimes against humanity in Afghanistan. It is alleged that acts of torture, cruel treatment, insults to personal dignity, rape and sexual violence were committed in 2003 and 2004. The charges also include actions by the Taliban and Afghan security forces.
The investigation was delayed at the request of Afghan authorities to take over the case, but resumed in 2021.
Further charges have surfaced against 39 Australian special forces personnel in 2020. A report from the country recommends that nineteen suspects be punished for killing Afghan civilians in cold blood and that the families of the victims be compensated.
Abu Ghraib Prison
In 2003, during the Iraq War, the United States was accused of committing war crimes in Abu Ghraib prison, 32 km from the capital, Baghdad. This was the scene of torture, sexual abuse and murder.
The US government even claimed that the crimes were isolated acts, but the International Committee of Crosses, Amnesty International and Human Rights Watch said the brutal acts took place in Cuba outside of Afghanistan and Iraq, such as Guantanamo Bay.
Documents known as the Torture Memorandum showed that the government was involved in the crimes. The United States has never been prosecuted for these crimes.
Genocide in Rwanda
It was a mass murder of people belonging to the Tutsi, Twa, and moderate Hutus ethnic groups in Rwanda from 7 April to 15 July 1994, during the Rwandan Civil War. During this period, about 800,000 Tutsis were killed by Hutu militias, mostly with the use of machetes.
There was no international mobilization to stop this massacre, and even existing UN troops withdrew from the country.
In 1998, the International Criminal Court of Rwanda, a tribunal specially created by the United Nations to try war crimes and crimes against humanity in that country, convicted Jean-Paul Akayesu of genocide and crimes against humanity.
He participated in and oversaw the massacre when he was mayor of Taba, Rwanda. It was the first conviction in history for the crime of genocide.
Nuremberg Trials
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Among the defendants were high-ranking Nazi Party officials and military personnel, as well as businessmen, lawyers and doctors who were actively collaborating with the Nazi project.
Three categories of crimes were identified:
- crimes against peace – planning and participating in war activities that violate international agreements;
- war crimes – such as improper treatment of civilians and prisoners of war;
- crimes against humanity – killing, enslavement, deportation and persecution of civilians on political, religious or racial grounds.
Many other criminals were never tried. But Nazi trials continued in Germany and many other countries. (with international organizations)
source: Noticias
