War crimes: How Putin could be tried in the International Criminal Court

However, if justice in general moves slowly, international justice barely moves at all. Investigations at the ICC take many years. Only a handful of convictions have ever been won.

Here’s a very broad look at war crimes and the international justice movement.

What is a war crime?

Specifically, targeting civilian populations, violating the Geneva Conventions, targeting specific groups of people and more could be potential Russian war crimes.

“One thing is certain, that intentionally directing shelling or targeting civilians or civilian objects is a crime within the jurisdiction of the court,” the ICC’s chief prosecutor, Karim Khan, told CNN’s Christiane Amanpour on Thursday.

“And even if there’s military necessity, there’s a clear obligation upon parties to a conflict to not use disproportionate force, to make sure the ordnance used and the weapons don’t have a very wide footprint in heavy civilian areas,” said Khan.

What are cluster bombs and vacuum bombs?

The feared use of banned weapons meant to kill without discrimination is what people are discussing now as a very specific war crime.

Is Russia using these weapons?

The US is concerned Putin and the Russian military will become more brutal since the invasion is not going as smoothly as they had planned.

“Whether it’s cluster bombs or thermobaric weapons, commanders in the battlefield need to use great discretion and with great diligence decide how they wish to wage conflict now that it started,” Khan told CNN on Thursday.

“And the law is here and the court is watching, and we have experts that will try to get to the bottom of it,” he said.

What are world leaders saying?

President Joe Biden and UK Prime Minister Boris Johnson have both said Putin appears to be targeting civilian areas.

But Biden stopped short Wednesday of saying Putin had committed a war crime.

“We are following it very closely,” Biden said. “It’s too early to say that.”

What is the International Criminal Court?

Most countries on Earth — 123 of them — are parties to the treaty, but there are very large and notable exceptions, including Russia and the US. And, for that matter, Ukraine.

Who can be tried by the court?

Anyone accused of a crime in the jurisdiction of the court, which includes countries that are members of the ICC, can be tried. The court tries people, not countries, and focuses on those who hold the most responsibility: leaders and officials. While Ukraine is not a member of the court, it has previously accepted its jurisdiction.

Putin could, therefore, theoretically be indicted by the court for previously ordering war crimes in Crimea.

What crimes does the court handle?

The ICC is meant to be a court of “last resort” and is not meant to replace a country’s justice system. The court, which has 18 judges serving nine-year terms, tries four types of crimes: genocide, crimes against humanity, crimes of aggression and war crimes.

How does the ICC bring proceedings?

Court proceedings can be brought in one of two ways: Either a national government or the UN Security Council can refer cases for investigation.

Russia, a permanent member of the UN Security Council, has veto power over council actions. It was requests by 39 national governments, most of them European, that sparked this current investigation.

Khan told CNN on Thursday, “I want to emphasize that I’m willing to speak to all sides, and not just the Ukrainian side, but also the Russian Federation, state parties and non-state parties alike. This institution is not political. We’re not part of the geostrategic or geopolitical divisions that we witness around the world.”

What will the ICC investigate in relation to Ukraine?

In its new investigation into Russia’s possible war crimes, the ICC has said it will look at all actions in Ukraine from 2013 to the present.

How long do these investigations take?

ICC investigations can take a very long time.

Why would a Ukraine prosecution be different?

The international outcry against Russia is unique, and that could give the court the ability to operate differently, according to Ryan Goodman, a law professor at New York University and co-editor-in-chief of Just Security, an online forum.

“It’s hard to judge the ICC’s investigation based on past practice,” Goodman said in an email. “In the Ukraine situation, the prosecutor is buttressed by an extraordinary outpouring of support from dozens of countries, which I expect will be followed by an infusion of resources.”

How would an ICC case affect the conflict?

“For better or for worse, the ICC investigation may affect the diplomatic space for negotiations,” said Goodman, arguing Putin and other Russians might not want to risk arrest if they travel outside the country.

The investigation could also, he argued, weaken Putin at home.

“Russians may come to realize this is another reason Putin can no longer serve their country,” Goodman said.

What happened before the ICC?

All of this stems from the precedent of the Nuremberg trials to bring Nazis to justice after World War II and held by the Allies, including the US, the Soviet Union, France and Germany.

So it is interesting that neither the US nor Russia are members of the ICC.

Why aren’t the US and Russia ICC members?

Both the US and Russia are signatories to the treaty that created the court — meaning their leaders signed it — but neither is a member of the court.

At the time, France had also accused Russia of committing war crimes in Syria.

As for the US, while President Bill Clinton signed the treaty creating the court in 2000, he never recommended the Senate ratify it.

“The president (George W. Bush) thinks the ICC is fundamentally flawed because it puts American servicemen and women at fundamental risk of being tried by an entity that is beyond America’s reach, beyond America’s laws and can subject American civilians and military to arbitrary standards of justice,” then-White House press secretary Ari Fleischer said at the time.

How has the US supported the court?

Opposing America joining the court did not mean the Bush administration opposed the court itself. It supported ICC efforts to seek justice for genocide in Sudan.

This story and headline have been updated with additional developments Friday.