Published: 14th Mar, 2022
Context
Russian President Vladimir Putin has ordered a "military operation" in some parts of eastern Ukraine on 24th February, 2022.
- While announcing about the operation he warned of bitter consequences if they interfered.
- Russia thus started the invasion and the crisis escalated with each day passing.
Background
Background (Genesis of War Crimes)
- As per United Nations, the concept of war crimes developed particularly at the end of the 19th century and the beginning of the 20th century.
- During that time, the international humanitarian law, which is also known as the law of armed conflict, was codified.
- The Hague Conventions was adopted in 1899 and 1907.
- The Hague Conventions prohibited the warring parties of using certain means and methods of warfare.
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Geneva Conventions:
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Analysis
What are war crimes?
- As per the Rome Statute of the International Criminal Court, when it comes to war crimes, the court has jurisdiction when the crime is committed as part of a plan or policy or as part of a large-scale commission of such crimes.
- For the purpose of this statute, 'war crimes' means grave breaches of the Geneva Conventions of 12 August 1949.
- Violation as per the above statute includes:
- wilful killing
- torture or inhuman treatment (including biological experiments)
- wilfully causing great suffering (or serious injury to body or health)
- extensive destruction and appropriation of property
- compelling a prisoner of war or other protected person to serve in the forces
- wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial
- unlawful deportation or transfer or unlawful confinement, taking of hostages
What about ‘grey areas’ in the definition?
- As per the UN Office on Genocide Prevention and the Responsibility to Protect, war crimes are separated from genocide and crimes against humanity.
- Genocide and crimes against humanity can happen in peacetime. It can happen during the unilateral aggression of a military toward a group of unarmed people.
- On the other hand, war crimes are defined as occurring in a domestic conflict or a war between two states.
- There is no white and black when it comes to identifying and defining war crimes, a lot of grey is also there because what constitutes a war crime may differ, depending on whether an armed conflict is international or non-international.
- UN states that war crimes contain two main elements –
- A contextual element:"the conduct took place in the context of and was associated with an international/non-international armed conflict".
- A mental element:intent and knowledge both with regards to the individual act and the contextual element.
What are the rules of war?
- There are some principal points of international humanitarian law that makes up the rules of war, which aims to protect people no longer or not taking part in hostilities.
- The civilians cannot be attacked as the impact of warfare on them should be limited.
- The detainees must not be tortured or face inhumane treatment.
- Hospitals and aid workers should not be attacked.
- Civilians should be given safe passage to flee.
- Humanitarian organisations should be provided access.
- There should not be unnecessary or excessive loss and suffering.
Did Russia commit war crimes?
- When the death toll in Ukraine started to increased, voices were raised to probe Russia's actions on whether it has committed war crimes during its invasion of Ukraine.
- Ukrainian President Volodymyr Zelensky had described Russia's missile strikes in civilian areas as war crimes.
- Russia has been accused of using cluster munitions in the bombardment of residential areas in the Ukrainian city of Kharkiv.
- Human rights groups say the weapons are indiscriminate and the Russians’ use of cluster munitions in a populated area could be considered a war crime.
Wrapping Up
War crimes investigations and trials often take years to come together, and sometimes fail to secure a conviction. In the case of Ukraine, events have moved at an unprecedented pace. After dozens of governments formally requested action, the ICC launched a war crimes investigation just weeks into the conflict. Still, legal experts said proving in court that a military unit has intentionally targeted civilians, or recklessly bombarded them, is a difficult task
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