In this case, hospitals and maternity units have been bombed. Declaring someone a war criminal does not mean that you can just say the words. There are defined criteria and processes that will determine who is a war criminal, and how they should get punished.
According to the White House, Putin was not being given the designation because it required investigation and international determination. On Wednesday, Biden used. White House press secretary Jen Psaki stated that the president was speaking from the heart and reiterated her assertions that there is a process to make a formal determination.
The phrase is now used in common usage as a term for someone who is awful.
“Clearly Putin, a war criminal, the president is speaking political on this,” stated David Crane. Crane has been working on war crimes for decades, and was chief prosecutor for U.N. Special Court for Sierra Leone. This court tried former Liberian President Charles Taylor.
Already, investigations into Putin’s actions have begun. After the resolution of the United Nations Human Rights Council, which established a commission for inquiry, the U.S. and 44 countries have begun to cooperate in investigating possible violations and abuses. The International Criminal Court is an independent entity based in the Netherlands. Another probe has been launched.
Crane said, “We’re just at the beginning of it all.” He now heads the Global Accountability Network which works with the United Nations and international courts. His group created a task force to compile criminal information regarding war crimes on the day of the invasion. He is also working on a sample indictment against Putin. He believed that Putin would be indicted within one year. There is no statute of limitations.
Let’s take a look at the process:
Who is a WAR CRIMINAL
This applies to anyone who breaks the law of armed conflicts, a set of rules that has been adopted by world leaders. These rules regulate how countries behave during war.
These rules were modified and extended over the last century, drawing from the Geneva Conventions after World War II as well as protocols that were added later.
These rules protect civilians, soldiers, and wounded troops, as well as those not participating in combat. Protocols and treaties define who can be targeted with which weapons. Some weapons, including biological or chemical agents, are banned.
WHAT SPECIFIC CRIMES MAKE SOMEONE A WORT CRIMINAL
Willful killing, extensive destruction, and appropriation not justified by military necessity are all examples of “grave violations” of the conventions. Other war crimes include the deliberate targeting of civilians, using excessive force, using human protections, and taking hostages.
The International Criminal Court also handles crimes against humanity that were committed within the context of “a widespread, systematic attack directed at any civilian population.”
Putin could be considered a war criminal if he violates the law of command responsibility, which is widely accepted. Legally, if commanders know of crimes or ordered them to be done so and they do not prevent them from happening, they can be held responsible.
Antony Blinken, Secretary of State, stated Thursday that the U.S. was currently evaluating and documenting possible war crimes committed in Russia and that intentional targeting civilians would fall within that definition. Any war crimes that are found would have “massive consequences”, he said.
What are the PATHS to Justice?
There are generally four ways to investigate and find war crimes. Each has its limitations. The International Criminal Court is the first.
Another option is for the United Nations to transfer its work on the inquiry committee to a hybrid international tribunal for war crimes to prosecute Putin.
The third option would be to establish a tribunal or court that could try Putin. This would be done by a group or states concerned or interested, such as NATO or the European Union. An example of this is the Nuremberg military tribunals against Nazi leaders.
Lastly, certain countries have their own laws to prosecute war crimes. Germany is currently investigating Putin, for instance. Although the U.S. does not have such a law but the Justice Department does have a section that focuses specifically on acts like torture, recruitment of child soldiers, and female genital destruction.
WHERE CAN PUTIN BE PUT UP FOR TRIAL?
It is not clear. Russia doesn’t recognize the International Criminal Court’s jurisdiction and will not send suspects to its headquarters in The Hague (Netherlands). The U.S. doesn’t recognize the jurisdiction of this court. Putin could be tried in any country selected by the United Nations or the consortium of interested nations. However, it would be difficult to get him there.
HAVE NATIONAL POWERFUL MANAGERS BEEN PROSECUTED IN THOUGHTS IN THE PAST
Yes. Yes. From the post-World War II tribunals at Nuremberg and Tokyo to the more recent ad hoc Tribunals, high ranking leaders were prosecuted in relation to their actions in countries such as Bosnia, Cambodia, and Rwanda.
Slobodan Milosevic, a former leader of Yugoslavia was brought to trial in The Hague by a U.N. tribunal. He was accused of fomenting bloody conflict as Yugoslavia fell in the 1990s. Before the court could reach a decision, he died in his cell. Radovan Karadzic, his Bosnian Serb ally, and Gen. Ratko Maladic, the Bosnian Serb military commander, were both successfully prosecuted. They are now both serving life sentences.
Taylor, a Liberian dictator, was sentenced to 50 Years for his role in sponsoring atrocities against Sierra Leone. Hissene Habre (Chad’s ex-dictator, who passed away last year), was the first African court to convict him of crimes against humanity. He was sentenced for life.
