RUSSIA’S INVASION OF UKRAINE VIOLATES INTERNATIONAL LAW

I haven’t written anything about the Russian Federation’s armed attack against Ukraine until now. Since it’s been dominating the international news for well over a year, I didn’t think I had much to add.

Lately, though, I’ve realized there’s an aspect of this crisis that’s worth raising. I feel that the cheerleading for Ukraine’s military success has overshadowed the gravity of the human rights violations Russia’s invasion of Ukraine has led to over the past decade.

The International Criminal Court (ICC) has issued warrants of arrest for Russian president Vladimir Putin and Russia’s Commissioner for Children’s Rights, Maria Lvova-Belova. These relate to the deportation of children from Russian-occupied territories in Ukraine.

UN ESTABLISHED THE INTERNATIONAL CRIMINAL COURT

The United Nations established the International Criminal Court when it adopted the Rome Statute in 1998. The court sits in The Hague, Netherlands, and has international jurisdiction over crimes of genocide, war crimes, crimes against humanity, and crimes of aggression.

This week, President Biden quietly directed the US government to share evidence of Russian war crimes in Ukraine with the ICC, according to a New York Times report. This may not seem controversial, but it was a thorny issue inside the Biden administration.

Military officials in the Pentagon have resisted cooperating with the ICC. They’re afraid recognizing the ICC’s legitimacy could backfire, leading the court to prosecute US troops for their actions in various countries over the years.

AMERICA’S “ON-AGAIN, OFF-AGAIN” RELATIONSHIP WITH ICC

The United States has had an “on-again, off-again” relationship with the International Criminal Court. Ever since George W. Bush revoked US support for the ICC, America hasn’t been an official member of the court.

Russia isn’t a member of the court either. So, if the US supports the court’s work on the Russia-Ukraine conflict, that seems to suggest that the court could also prosecute the United States, even though it’s not a member.

Even so, the US sometimes supports the court’s work, and if it’s in its interest, it will cooperate with the ICC’s investigations of war crimes and atrocities. This week’s events confirm that, in terms of the relationship status, as the saying goes, “it’s complicated.”

US INTELLIGENCE HAS INFORMATION ON RUSSIAN WAR CRIMES

Reportedly, US intelligence has information showing that Russian officials have ordered deliberate strikes on Ukraine’s civilian infrastructure. Apparently, it also has evidence that Russia forcibly deported thousands of Ukrainian children from Russian-occupied territories.

The ICC has been investigating Russia’s invasion of Ukraine since unidentified armed forces seized the Crimean Peninsula back in February 2014. The international community suspects these forces were under Russia’s control, and Russia arbitrarily annexed Crimea the following month after a bogus referendum.

This raised tensions between Ukraine and Russia. Those tensions have since erupted into full-scale war, with Russia illegally invading all of Ukraine on February 24, 2022.

“WIDE RANGE OF VIOLATIONS OF INTERNATIONAL HUMAN RIGHTS LAW”

According to the Report of the Independent International Commission of Inquiry on Ukraine, “Russian authorities have committed a wide range of violations of international human rights law and international humanitarian law in many regions of Ukraine and the Russian Federation.”

The report confirms that Russian authorities have transferred thousands of children from Ukraine to the Russian Federation since the 2022 invasion. Legally, the Putin government seems to be trying “to create a framework in which some of the children may end up remaining permanently in the Russian Federation.”

The commission also concluded that Russia had launched 25 indiscriminate explosive weapons attacks in populated areas. The commission has also documented “disproportionate, widespread and systematic” attacks on Ukraine’s energy infrastructure.

WILLFUL KILLINGS, UNLAWFUL CONFINEMENT, TORTURE AND RAPE

Russian forces have also committed willful killings, unlawful confinement, torture, rape and unlawful transfers of detainees in areas that came under their control, the commission concluded. These have included summary executions of 65 men, two women and a 14-year-old boy.

Referendums the Russian forces held in September 2022 in occupied Ukrainian territories were as bogus as the one the held in Crimea back in 2014, the commission found. The commission also noted that the ICC is investigating alleged war crimes, crimes against humanity and genocide in Ukraine, over and above the charges already laid against Putin and Lvova-Belova.

The commission’s report concludes, “The armed conflict in Ukraine has had devastating effects at various levels, most notably on individuals, communities, the society, the environment, and the economy of Ukraine. It has affected considerably the enjoyment of almost all human rights. People live in a climate of unbearable uncertainty and fear. Scores of survivors are coping with the immediate consequences of violent events and large-scale damage. In addition to the many physical injuries that will need time to heal, the deep psychological impact will have long-lasting effects.”

AND ANOTHER THING…

Respect for human rights is more than a lofty ideal. It’s a recognition of the interconnectedness of all human beings. We all live as part of one global community and Russia’s invasion of Ukraine violates the international order.

Russian forces need to leave Ukraine – today. Ukraine is justified in the use of force to defend its citizens and its territory – for as long as it takes.

Russia’s illegal invasion of Ukraine is a symptom of humanity’s destructive relationship with itself and with our planet. Russia, and for that matter the United States and its allies, need to abandon destructive, Cold War power dynamics in favour of a new story that embraces coexistence, respect and equality.

We always have more to learn if we dare to know.

Learn more:

Situation in Ukraine: International Criminal Court

Report of the Independent International Commission of Inquiry on Ukraine

Amnesty International – State of World’s Human Rights

Human Rights Watch Condemns “Litany of Human Rights Crises”

UN Report Cites Serious Human Rights Violations in China