Legal experts say the higher up the chain of command it goes, the more difficult it gets
Russian President Vladimir Putin. Picture: KREMLIN VIA REUTERS/MIKHAIL KLIMENTYEV
The USSR ratified the Geneva Convention in 1954. Russia in 2019 revoked its recognition of one of the protocols, but remains a signatory to the rest of the agreements. The International Criminal Court, formed in 2002, is distinct from the International Court of Justice, a UN body that hears disputes between states.The International Criminal Court’s chief prosecutor, Karim Khan, said he had opened an investigation into possible war crimes in Ukraine.
“It’s not going to stop the international court from pursuing its prosecution and issuing its arrest warrants,” said American University law professor Rebecca Hamilton.The International Criminal Court will issue an arrest warrant if prosecutors can show “reasonable grounds to believe” war crimes were committed. To obtain a conviction, the prosecutor would have to prove a defendant's guilt beyond a reasonable doubt, experts said.
A prosecutor could present evidence that Putin or another state leader committed a war crime by directly ordering an illegal attack or knew crimes were being committed and failed to prevent them. In addition to the challenges they face proving intent in many cases and linking leaders directly to specific attacks, prosecutors can have a tough time obtaining evidence, including testimony from witnesses who might be intimidated or otherwise reluctant to speak out.
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