From the first day that Russia invaded Ukraine, it is thought that the day Russia will be prosecuted for the war crimes committed. But how realistic is it to seat Russian President Vladimir Putin on the indictment? Explained by Latvian Television.
“There have been cases where the president of a country has actually arrived in The Hague at the bench and also been convicted. It was Serbian President Milosevic extradited to The Hague by Serbia. And there he was convicted of war crimes,” Levits explained. “There are other cases. Let’s say if this person is still in power, then he can’t go anywhere outside his own country, because as soon as he arrives in another country, he is arrested there and transferred to The Hague. Such cases are, for example, to the former president of Sudan. As it depends on the situation in Moscow. “
Judicial options are much more complex than, for example, in the so-called Yugoslav tribunal.
The tribunal was then specially set up by a decision of the UN Security Council. This allowed senior officials to be convicted, as investigators were able to access documents, including political correspondence. But in this case, the Kremlin itself is sitting on the Security Council.
“If very serious UN reforms are carried out, which will remove Russia’s veto rights in the UN Security Council, then, of course, anything is possible. But the Security Council resolution is already the basis for the formation of tribunals,” said Uldis Ķinis, the former chairman of the Constitutional Court.
Judge China, who himself took part in the trial in the Yugoslav tribunal, admits that even then, the court did not succeed in very favorable circumstances. However, a total of 161 people were convicted. The tribunal has been in operation for 24 years.
But, for example, more than 13 years have passed in Georgia, where there was no separate UN Security Council-backed tribunal after the Russian attack and the occupation of South Ossetia, but no charges have been filed.
Compared to Georgia, evidence could be easier in Ukraine, but the chain of command needs to be substantiated to find the culprits.
“In international crimes, that alone will not be enough – it is clear that charges are falling there,” said China. “For example, I listened to an interview with Russian prisoners, Russian pilots. He said he understood that he had to bomb civilian objects. He realized it was illegal, criminal, but he threw the bomb. And he was hit.” So that’s a fact, and it’s clearly proven that he’s committed a war crime. It’s unequivocal. “
According to President Levit, it will be possible to convict war criminals without the involvement of the UN Security Council.
“The most important thing is that the International Criminal Court sets the standards for international law. And no one can escape the verdict of that court. Even if he is not physically present, but the verdict is. Because that verdict sets international law,” Levits stressed.
Another separate issue is the recovery of reparations from Russia. According to the Prime Minister of Ukraine, the direct losses of Ukraine from the Russian invasion already exceed 500 billion US dollars.
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