How war crimes investigators get the facts

Berlin, Geneva, Brussels For weeks, the people of Butscha had locked themselves in their homes. There were threats of being shot by Russian soldiers on the streets. That is why there were hardly any reports of what happened there.

But meanwhile, thanks to satellite images, there is evidence that can hardly be falsified. Linking such sources is the specialty of the British research group Bellingcat.

The group used it to solve crimes during the Syrian war and was able to prove that it was a Russian anti-aircraft system that shot down flight MH17 over Ukraine in 2014. The research was later confirmed by official Dutch investigators.

The “New York Times” published two videos on Monday in which publicly available Instagram videos are linked to current satellite images from the US company Maxar Technologies.

Markers help to identify that the same bodies and cars are seen from both perspectives. The more journalists travel to the city, the more images are added that can be evaluated.

A drone video was also distributed via the Ukrainian army, showing how a cyclist – obviously a civilian – was shot by infantry fighting vehicles. The body has now been found in the exact spot that can be seen in the video.

Germany wants to support investigations with one million euros

The videos are sufficient to justify political sanctions. But the West wants more: “The perpetrators and their clients must be held accountable,” said Chancellor Olaf Scholz. That is primarily the task of the International Criminal Court in The Hague.

Street in Bucha

According to Ukrainian President Zelenskyy, the atrocities against residents of the city of Bucha are not isolated.

(Photo: dpa)

Court investigators have been in Ukraine since early March to solve crimes. Germany has now promised to support the mission with an additional one million euros, as has the UN investigative commission. This currently has 45 employees in Ukraine, twelve more support the mission from abroad.

These teams also typically include forensic scientists who can examine gunshot wounds and assess the condition of cadavers.

Even before the news from Bucha, the United Nations High Commissioner for Human Rights had listed a number of Russian military operations that must be classified as war crimes. These include airstrikes on schools, residential buildings and hospitals.

Bucha

Iryna Venediktova, Prosecutor General of Ukraine, and Denys Monastyrskyj, Minister of Internal Affairs of Ukraine, collect evidence of possible war crimes.

(Photo: dpa)

“We remind the Russian authorities that direct attacks against civilians and civilian facilities, so-called carpet bombing of towns and villages and other forms of indiscriminate attacks are prohibited under international law and may amount to war crimes,” the agency warned. It cannot become any clearer as long as Russia’s guilt has not been proven beyond any doubt.

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National courts can also become active. In Germany, the Attorney General is already investigating possible war crimes. The principle of universal jurisdiction in international criminal law gives him the right to investigate crimes that were not committed in Germany and in which no German perpetrators or victims are involved, as long as the alleged perpetrator is in Germany.

In the first case of this kind in Germany at the beginning of the year, an actor in the Syrian civil war was sentenced to life imprisonment by the Koblenz Higher Regional Court for crimes against humanity, 27 murders and other offences.

7000 reports of war crimes

Ukraine itself is also collecting evidence. According to the Attorney General’s Office, 7,000 reports of war crimes have been received since the invasion began six weeks ago.

A team of investigators supported by the EU has started work. “All crimes of the occupiers are documented,” said President of Ukraine Volodymyr Zelensky. Everything is being done to identify the Russian soldiers involved.

US seeks war crimes trials against Russia

Private organizations try to help with law enforcement. Human Rights Watch has been in Ukraine since the conflict began, collecting evidence, some of which it publishes and some of which it makes available to the authorities. So far, the organization has documented four cases, each involving rape or execution. She is preparing a message for Bucha.

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The results usually come later than journalists’ reports, a Human Rights Watch representative said. But you speak to more witnesses and evaluate more evidence than journalists are usually able to do.

There is little doubt that Russian soldiers committed war crimes. The investigations should also show to what extent these crimes were committed systematically. Because not only the individual soldier can be prosecuted, but also the respective commander.

Hugh Williamson, executive director at Human Rights Watch, said: “Commanders should be aware that if they allow murder and rape to go unpunished, they may be held personally criminally responsible for war crimes as part of their command responsibilities.”

His organization considers it obvious that the crimes are committed systematically. This was indicated by the massive bombing of blocks of flats, kindergartens and hospitals and the use of internationally banned weapons such as cluster bombs.

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