"'Ukraine Invasion' Putin, Harder to Seat in Court Than to Find War Crime Evidence"

Russian President Vladimir Putin
[Photo by Reuters]

[Asia Economy Reporter Jeong Hyunjin] "Vladimir Putin, President of Russia, is considered a war criminal." - Joe Biden, President of the United States (on the 16th)

"An unacceptable statement. It will put Russia-US relations on the brink of severance." - Russian Ministry of Foreign Affairs (on the 21st)

The United States and Russia are clashing over the mention of President Putin, who ordered the airstrikes on Ukraine, as a war criminal. Is it actually possible for President Putin to be indicted as a war criminal and face legal punishment? Although Russian forces have entered Ukraine, launched attacks to occupy cities, and bombed areas where civilians are gathered, experts predict that it will not be easy to bring President Putin directly to trial.

On the 22nd (local time), the British current affairs weekly The Economist reported, "There has never been a case where a sitting head of state was handed over to the International Criminal Court (ICC) for trial," adding, "While it is easy to find evidence of war crimes, it is much more difficult to bring the perpetrator to trial."

The ICC began investigating Russia's war crimes on the 16th. The ICC has the authority to investigate individuals accused of war crimes, genocide, and crimes against humanity, and if there is evidence, to bring them to trial. Although Russia withdrew from the ICC in 2016, the investigation has commenced. The United Nations Human Rights Council (UNHRC) has also started its own investigation.

The first step to indicting someone as a war criminal is to find evidence. ICC prosecutors must prove that the attacked area had no military targets during the war and that the attack was not accidental. In other words, they must secure evidence that the attack was intentionally carried out with the knowledge that it would harm civilians. If there is reasonable cause, the ICC can also issue arrest warrants.

In the current Ukraine situation, an example of evidence corresponding to war crimes is the attack on the Mariupol theater in southern Ukraine, where the word "children" was written in Russian to be visible from the air. At that time, about 1,000 civilians had taken refuge there. The Ukrainian government also stated that continuous bombings have prevented rescue workers from accessing the site. Other similar cases may include attacks on the Mariupol maternity hospital and art school.

Even if evidence is found, deciding whom to indict is another matter. While many believe that President Putin, who ultimately decided on Russia's invasion of Ukraine, should be indicted, realistically, evidence is needed that he directly ordered the attacks. To determine whether President Putin personally ordered the attack on the Mariupol theater or hospitals, witnesses or evidence from his close aides who can clarify this are necessary, and securing such evidence is the most difficult part.

Legal experts point out that while specific attacks can be evaluated as war crimes, it is difficult to establish direct links as the investigation scope broadens from soldiers to heads of state. Moreover, since Russia does not recognize the ICC, experts explain that bringing the defendant to trial is itself difficult, and it may be necessary to continuously track whether he moves to a country where he can be arrested.

Experts also predict that the United Nations (UN) or other treaties could establish a separate investigative committee to examine potential war criminals within Ukraine.

This content was produced with the assistance of AI translation services.