A Russian withdrawal from towns around Kyiv has led to the discovery of corpses, prompting accusations of war crimes. CBC explains how such apparent war crimes would be prosecuted, and the challenges the prosecutions may face.
Since the beginning of the invasion of Ukraine on Feb. 24, there have been accusations that Russia has committed war crimes. Such allegations include the bombing last month of a theatre and maternity hospital in the southeastern Ukrainian city of Mariupol.
Even if they were combatants, as soon as they were captured, they would have been protected under the Geneva Conventions against being killed as a prisoner of war, Dannenbaum said. But countries can open up their own war crimes investigations, regardless of where the war crimes happened or the nationality of the perpetrator. They must, however, pass domestic legislation authorizing universal jurisdictionSo far, a number of countries, including France, Germany, Norway, Poland and Ukraine, have opened up investigations into alleged war crimes committed in Ukraine.
"If he closed his eyes to what he knew or reasonably should have known what was going on, he may be convicted." But he said the ICC might also go for prosecutions at the lower level, "just for purposes of there being some sense of justice."For Ukraine, a state party to the International Criminal Court would have a duty to take into custody any Russian commander charged with war crimes and who had been issued an arrest warrant.
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