U.S. President Joe Biden on Monday called for the prosecution of Russian President Vladimir Putin for war crimes over the discovery in Bucha, Ukraine, of mass graves and bodies of bound civilians shot at close range, but various challenges stand in the way.
Yes. The International Criminal Court in The Hague defines war crimes as "grave breaches" of the post-World War Two Geneva Conventions, which lay out humanitarian laws to be followed in war time. Attacking legitimate military targets where civilian casualties would be “excessive” also violates the conventions, legal experts say.Bucha's deputy mayor said on Sunday that 50 residents had been victims of extra-judicial killings carried out by Russian troops.
James Goldston in New York, executive director of the human rights advocacy organization Open Society Justice Initiative, said images and news reports from Bucha will allow investigators in Ukraine to follow up swiftly with survivors of some of the alleged atrocities.Some experts said, however, that prosecutors might have a tough time obtaining evidence from an active war zone due to safety concerns and witnesses who could be intimidated or otherwise reluctant to speak.
Experts say it is too soon to say whether the actions in Bucha were directed from the highest levels of the Russian government, but that if similar atrocities are committed elsewhere in Ukraine it could point to a policy or direction from top officials.The International Criminal Court's chief prosecutor, Karim Khan, said on Feb. 28 he had opened a war crimes investigation following the invasion.
Any trial would be delayed until a defendant is arrested as the ICC cannot try someone "in absentia," or not physically in custody."The mere fact of a public indictment can act to stigmatize the accused and can generate pressure which, over time, may lead to arrest," Goldston said.
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