Geneva International law expert Christian Tomuschat has accused Russian President Vladimir Putin of serious war crimes. With their attacks, the Russian army hit residential buildings, hospitals, schools, kindergartens and even nuclear power plants. “Such attacks are strictly forbidden according to the Geneva Conventions,” said the emeritus professor of public law, international and European law, and former member of the UN International Law Commission in an interview with the Handelsblatt.
Russia is thus guilty of a war crime in each individual case, Tomuschat said. The strategy behind the crimes is to terrorize the Ukrainian population. The Russian government wants to “raise the death toll among civilians and thus force the political leadership in Kyiv to surrender militarily.”
The international law expert doubts that those responsible for the crimes will be held accountable. Neither Ukraine nor Russia are parties to the Rome Statute, which forms the legal basis for the International Criminal Court (ICC). In addition, Russia, as a veto power, will prevent the UN Security Council from referring the war of aggression against Ukraine to the ICC.
Tomuschat also warned that the war could spread to NATO countries like Estonia. For example, Moscow under Putin could try to incite the majority Russian-speaking population in the Estonian city of Narva against the Estonian government, and thus hollow out the state from within. “Unfortunately, you have to fear the worst with this man.”
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Read the entire interview here:
Mr. Tomuzhat, have Russia’s war crimes in Ukraine reached a particularly serious level compared to other conflicts?
Yes. The Russian artillery fired broadly into residential areas, the Russian air force bombarded cities and populated areas from the air. The attackers hit residential buildings, hospitals, schools, kindergartens and even nuclear power plant complexes. Such attacks are strictly forbidden under the Geneva Conventions. Russia is thus guilty of a war crime in each individual case, and it is also committing a crime of aggression against another sovereign state.
What strategy is Russia pursuing with war crimes?
Apparently, Russian President Vladimir Putin’s troops are supposed to be terrorizing the Ukrainian population. Putin wants to drive up the death toll among civilians and thus force the political leadership in Kyiv to surrender militarily. In addition, Putin wants to have more independent people’s republics proclaimed in Ukraine, and his troops are trying to destroy as many symbols of the neighboring state as possible. Ukraine in its current form is to be wiped out.
How could those responsible for war crimes be held accountable?
The prosecutor of the International Criminal Court (ICC) has launched an investigation into war crimes in Ukraine. However, it is questionable whether there will be a trial before the criminal court, which is responsible for genocide, crimes against humanity, war crimes and will soon also be able to judge the crime of aggression. Neither Ukraine nor Russia are parties to the Rome Statute, which forms the legal basis for the ICC. In addition, Russia, as a veto power, will prevent the UN Security Council from referring the war of aggression against Ukraine to the ICC. And: Russia would have to extradite suspected war criminals, which is currently unlikely. There are no absentee proceedings before the ICC.
That doesn’t sound encouraging…
…on the other hand, according to the principle of universal jurisdiction, every state can bring the suspected perpetrators to court and have them convicted. One example is the proceedings before the Koblenz Higher Regional Court against two former employees of the Syrian secret service. The court convicted her of her crimes in Syria. The main defendant received a life sentence.
So, theoretically, could a court in Germany, Austria, Luxembourg or Switzerland try Vladimir Putin?
Theoretically yes. Under general international law, even the immunity of a head of state does not protect him from prosecution for an international crime. Of course, a German or other court would have to get hold of the person of the Russian President. In the case of Russian war crimes, however, it will be very difficult to reconstruct the exact chains of command and individual responsibility through evidence that will stand up in court. Who specifically gave the orders for the shelling of hospitals and residential areas with artillery or from the air? Investigators can only answer these questions if Russia cooperates. Of course the government doesn’t do that. Putin’s forces justify the attacks with the presence of the Ukrainian military in the residential areas of civilians and perfidiously accuse the Ukrainians defending their country of using the civilians as human shields.
Read here: War propaganda from Russia: Moscow accuses USA of bioweapons research in Ukraine
What use is international humanitarian law if states and their rulers like Russia’s Putin don’t give a damn about it?
The Geneva Conventions of 1949 and their Additional Protocol I of 1977 regulate which military operations are permitted in a war and which are prohibited, such as the shelling of residential areas. In war not all means are allowed to achieve military success. Likewise, prisoners of war must be treated humanely at all times. International humanitarian law is intended to prevent wars from descending into barbarism. Its provisions have kept many harms from the people, but the warring parties must be aware of and respect these prohibitive norms.
What legal consequences must the Russians fear within the UN?
There are calls for Russia to be removed from the UN Security Council as a permanent member with veto power, or to treat its veto power as irrelevant by forfeit. As a permanent member of the Security Council, Russia, like the other four veto powers, bears a paramount responsibility for maintaining international peace and security. Russia abused this position as a guarantor with its illegal attack. But unfortunately all the mind games to strip Russia of its privileged status are so-called “nonstarters”. Quite simply because Moscow can ignore and even block all attempts in this direction. With its veto, Moscow has already prevented the Security Council from condemning his attack. So far, however, the General Assembly and the UN Human Rights Council have strongly condemned Putin’s war. Russia has no veto power in either of these institutions. However, the General Assembly and the Human Rights Council cannot impose sanctions. After all, a commission of the Human Rights Council is collecting evidence of war crimes. These documents could be of crucial importance in subsequent criminal proceedings.
The Russian ambassador to the UN, Wassili Nebensya, prevented a resolution against Russia’s invasion of Ukraine by voting in the Security Council.
(Photo: dpa)
What are the effects of Russia’s war of aggression on the international legal order?
Putin’s war is not only an attack on a sovereign country, but also an attack on the international legal order and the UN Charter. Putin’s aggression could be repeated in other forms, for example in Estonia. Around 90 percent of the population in the Estonian city of Narva is Russian-speaking. Moscow could attempt to incite this population against the Estonian government, thereby hollowing out the state from within.
Read here: How Putin could be convicted of war crimes
What dangers do you see beyond Europe?
States outside Europe could also be tempted to use brute force to achieve their goals. China, for example, sees Taiwan as a renegade province and wants to bring it under its control. The rulers in Beijing are not ruling out a military attack. The leadership around President Xi Jinping is watching the further course of the Ukraine war very closely, it’s like a big test run.
How do you rate the risk of war spilling over to NATO countries?
There is this danger. For Putin, it is a personal insult that the Ukrainians are fighting back bravely and have not capitulated within a few days. Unfortunately, the worst is to be feared for this man.
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