Wednesday, December 7

can Russia be tried for genocide?


The arrival of the Russian army in the Ukrainian city of Bucha, in the kyiv region, has left dozens of corpses of civilians and soldiers. “The Bucha massacre was deliberate. The Russians’ goal is to eliminate as many Ukrainians as they can. We have to stop them and kick them out,” Ukrainian Foreign Minister Dimitro Kuleba said this weekend. Faced with the dramatic situation, kyiv has requested that West take another step and approve “massive sanctions”.

the ukrainian president, Volodymyr Zelensky, He did not walk with half measures. “It is the elimination of an entire nation and its people. We are citizens of Ukraine. We have more than a hundred nationalities. This is about the destruction and extermination of all these nationalities“He told CBS. “Of course. This is genocide”, she sentenced, and said that the Russian maneuvers suppose” the torture of an entire nation “and regretted that this is” happening in Europe in the XXI century “.

war crimes

Ukraine accuses Russia to commit war crimes in the country since the beginning of the conflict. “No one in the world will forgive you for murder of civiliansrepeats the president Volodymyr Zelensky in the messages he sends to the nation and to the international community. However, Ukraine is not part of the International Criminal Court (ICC) of the United Nationsthe person in charge of judging those responsible for crimes against humanity. Russia is also not a member state nor have both countries signed or ratified the statutes of the body.

United States has formally accused Russia of war crimes. Secretary of State Antony Blinken did it a few weeks ago. “Putin has unleashed a relentless violence what has caused death and destruction across the country. We have seen numerous credible reports of indiscriminate attacks and deliberately targeted attacks against civilians, as well as other atrocities,” he said.

Ukraine denounced the first systematic attacks against its population on March 1, six days after the conflict broke out. The Chief Prosecutor of the ICC, Karim Khan, then announced that he would ask the judges to open an investigation for war crimes and crimes against humanity “committed by any of the parties throughout the territory of Ukraine.” That is, the investigation will also seek crimes committed since 2014 on the crimean peninsula And in the self-proclaimed pro-Russian republics from Donetsk and Lugansk.

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Types of crimes against humanity

It is the specific intent to physically destroy a national, ethnic, racial, or religious group by killing its members or by other means.

These are serious violations committed as part of a large-scale attack against any civilian population. The 15 forms of crimes against humanity listed in the court’s statutes include crimes such as murder, rape, imprisonment, enforced disappearance, slavery, particularly of women and children, sexual slavery, torture, apartheid, and deportation.

It constitutes serious offenses such as the murder or torture of civilians or prisoners of war, as well as intentionally directing attacks against hospitals, historical monuments or buildings dedicated to religion, education, art, science or charitable purposes.

The difference with crimes against humanity is that war crimes are not systematic crimes: they can occur only once.

It is the use of armed force by one State against the sovereignty, integrity or independence of another, such as the invasion of Ukraine by Russia.

Mariúpol is key to proving the crimes

The international community did not react to Ukraine’s accusations until day 14 of war. The bombing of the Russian army to a Mariupol maternity and child hospital on Wednesday, which resulted in three fatalities, including a minor, and twenty injured, stirred consciences.

The France’s president and on duty EU, Emmanuel Macrondefined the attack of “imoral worthlessness” because “it was not intended to neutralize an armed base.” In this line, he questioned the UN and asked the organization to “follow all the procedures so that these acts are condemned.” Mandatory of other states, such as Canada, the Netherlands or the Vatican, agree with this request because there have been events “unacceptable“, they have expressed.

Well, the prosecutor International Criminal Court confirmed on Friday, March 11, day 16 of the invasionwhich has begun to collect incriminating evidence of war crimes and crimes against humanity committed in Ukraine. Thus, different journalists, volunteers and researchers monitor social networks and web pages in search of reliable evidence of the crimes perpetrated by the Russian army.

The United Nations also has experts on the ground to prevent disinformation. They verify and geolocate the photographs and videos that run on the Internet to determine if there are nearby civilian facilities, such as residential areas, hospitals or schools. “Witnesses, survivors and affected communities should be encouraged to contribute to our investigations,” Khan said.

Ukraine, without evidence and Russia, absent

The ICC held a hearing on March 7 in which Ukraine presented only oral arguments. He did not provide any evidence for his accusation. A few hours earlier, however, Russia had announced and breached two temporary ceasefires in Mariupol and Volnovakha, cities located in the southwest of the country. The local authorities accused the Russian troops of not respecting the humanitarian corridors for which more than 250,000 people had to be evacuated.

At the hearing, Ukraine also called for the immediate cessation of russian military operations. For its part, and as announced, the Kremlin did not show up for the meeting. In addition, it intensified the attacks in several cities and began the siege of kyiv. Among others, the Russian army bombed Irpina city located 130 kilometers from the capital, and launched mortar fire against its inhabitants. A mother and her two children were killed next to the suitcases with which they tried to flee. The bloody scene has become one of the iconic photos of the war. Days earlier, the separation of a family at the Lviv train station had also shocked the world.

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Creation of an independent commission

Faced with the escalation of the conflict and while the ICC investigates the facts, the Human Rights Council of the UN has entered the scene. She has decided to create a independent commission of experts to investigate the human rights violations perpetrated by Russia.

Zelensky welcomed the body’s decision. “The evidence will be documented and used in international courts. Russian war criminals will be held accountable,” the president wrote in a tweet.

However, to date it has not ruled on the possibility of signing and ratifying the statutes of the International Criminal Court and even less on the possibility of beginning the procedures to join the court.

123 countries are part of the International Criminal Court

The International Criminal Court was created at the initiative of the UN on July 17, 1998 through the Rome Statute. Has a independent jurisdiction and entered into force on July 1, 2002 after its ratification by 60 countries, including Spain. Currently, 123 countries are part

Related news

The court has jurisdiction to judge war crimesfrom It hurts humanity and of genocide. In addition, since 2018 you can judge the crime of aggressionas is Russia’s military invasion and occupation of Ukraine.

Russia signed the statute in 2000, but never ratified it. In 2016 he withdrew his signature, a day after the ICC published a report that considered, in a symbolic gesture, the annexation of Crimea to Russia as an “occupation”.


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