Ukraine plans to execute several options of calling russian leadership to account for committing war crimes in our country.
Minister of Justice of Ukraine Denys Maliuska announced this in a Ukrainian Forbes interview.
Maliuska noted that there’s no ready-to-go mechanism which allows holding Putin and his close circle accountable. There are a couple of options available.
The Prosecutor General's Office of Ukraine has already established a great number of probable causes against war criminals. “Yes, a sentence can be announced for these causes but the probability of Putin showing up in, say, Kyiv Pecherskyy District Court is extremely low. There’s a problem with bringing the accused to Ukraine, ” Maliuska said.
Other European countries can establish similar causes against Putin, his circle and other war criminals. Lithuania, Poland, Estonia, Germany, Sweden, Latvia, Norway, France and Slovakia have already opened investigations. Persons of interest are not specified so far.
“Third option is the International Court of Justice in Hague. Can Putin be convicted of war crimes in Bucha, Hostomel and Irpin in this case? Yes, if there is direct evidence that he ordered soldiers to kill and torture civilians. This applies not only to Putin but to other war criminals as well. We need to understand that it will be a classic trial with all bureaucratic moments like presumption of innocence, prosecution and defense sides. Proving Putin or the senior leadership guilty will be complicated. It’s more realistic to hold generals or other military personnel who gave criminal orders accountable. But this is not a quick procedure,” said Maliuska.
Maliuska added that it’s easy to call Putin to account for crimes of aggression. This fact does not require additional evidence, as russia attacked Ukraine and this is an act of aggression. “There are Putin’s videos and decrees that prove it. The problem is that russia did not ratify the Rome Statute of the International Criminal Court that can be used to bring Putin to account. There is evidence, but we can’t hold him accountable,” added Maliuska.
Fifth option is to create a special international tribunal that will look into crimes committed in Ukraine. There was a similar case with Yugoslavia. Vast international support is crucial here. “For instance, if such a court is created by Ukraine, Poland, Estonia, Latvia and Lithuania it will be ineffective, as Putin can easily not visit these countries. If that will be a coalition of EU countries, the USA, the UK and Ukraine – this will make an efficient mechanism. This is not a quick process, creating such a court can take several years. But imposing sentences for aggression crimes can be done in one month. This is already a proven fact,” Maliuska explained.
Maliuska pointed out that captured russian soldiers who violated Geneva Conventions will be tried and imprisoned. It’s possible to hold accountable military leaders like generals who gave criminal orders. Eyewitness testimony and documented facts are important here.
Maliuska highlighted earlier that a lot of russian prisoners of war are not only the accused but also witnesses in probable causes open against russia crimes.