Category: Law

I hope with the following rather long post I can establish that no matter which particular rhetorical stab you make at it, Russia is guilty of war crimes.

Rome Statute of the International Criminal Court

Article 8

War Crimes

1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
2. For the purpose of this Statute, ‘war crimes’ means:
   1. Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
      1. Wilful killing  (reported by 18-year-old Kateryna Tkachova in Verkel)
      2. Torture or inhuman treatment, including biological experiments; (recently reported that UA PoWs are being held at a former military contaminated waste facility in Russia)
      3. Wilfully causing great suffering, or serious injury to body or health; (look no further than Mariupol)
      4. Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (See, once again, Mariupol)
      5. Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; (Russians are now offering Ukrainian PoWs the chance to serve Putin – at gunpoint)
      6. Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; (I don’t have a specific example but Russia kidnapping UA mayors and holding them without trial is kind of an ongoing problem.)
      7. Unlawful deportation or transfer or unlawful confinement; (at least 100000 people transported out of Ukraine into Russia, and in some cases Belarus although that hasn’t been confirmed)
      8. Taking of hostages. (I’ve lost track of how many Ukrainian civic mayors the Russian forces have kidnapped. Sometimes they’re released and sometimes they’re killed and sometimes they just… disappear.)
   2. Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
      1. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; (I have watched many videos at this point of journalists and civilians, including children, the disabled and pets, trying to escape UA cities along ‘humanitarian corridors’ while taking dozens of rounds of sniper fire)
      2. Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; (WWII monuments across UA, especially those to do with memorializing Jewish dead, have been torn from the map)
      3. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict; (the Red Cross pulled out of Mariupol, need I say more)
      4. Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; (Bus station bombing)
      5. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives; (the entire road to Kyiv, for example, and the towns and villages on either side)
      6. Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion; (I really think this depends on the Russian commander. It has happened, but currently two live UA military personnel are worth six dead Russians (yeah, I know, weird, but those are the current rules) so the Russians are getting cagier about shooting them after capture.)
      7. Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury; (I haven’t heard this, but watch this space)
      8. The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory; (Well, the Russians already did this in Donbas, so I’m going to take this as ongoing, since it is.)
      9. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; (Russians bombed a theatre full of evacuated children; April 15 2022 bombed the WCKitchen in Kharkiv, which fed 15k people a day, destroying it and wounding 4 prep chefs.)
      10. Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; (apparently not, or not yet, or not reported yet)
      11. Killing or wounding treacherously individuals belonging to the hostile nation or army; (it’s happened, not proven)
      12. Declaring that no quarter will be given; (not proven)
      13. Destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war; (Christ alive, they walked off with every washing machine in Eastern UA.)
      14. Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party; (Russian newscasters have said it but I don’t know if an authority in the zone of hostilities has done that. I do know that they’ve replaced town councils with Russian plants.)
      15. Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war; (This is already happening)
      16. Pillaging a town or place, even when taken by assault; (This has happened so often that it’s not even worthy of commentary by UA media any more, it’s just assumed that the Russian forces are a plague of locusts who will remove everything portable of value)
      17. Employing poison or poisoned weapons; (not proven)
      18. Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; (Not proven)
      19. Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; (likely true but not proven)
      20. Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123; (Russian forces have used cluster bombs; “The UN Human Rights Monitoring Mission in Ukraine has previously said it had received credible allegations that Russian armed forces have used cluster munitions in populated areas in Ukraine. The nongovernmental organization Human Rights Watch (HRW) has also confirmed Russia’s use of cluster munitions throughout the conflict” – as per CNN online today.)
      21. Committing outrages upon personal dignity, in particular humiliating and degrading treatment; (Filming captured UA military personnel for rebroadcast in Russia and on Youtube.) PLEASE NOTE THAT THE UKRAINIANS ARE DOING THIS AND WILL HAVE TO ANSWER FOR IT. They’ve been sending photos of dead soldiers id’d through facial rec to moms in Russia and SCUSE ME THAT’S A WAR CRIME.
      22. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; (First report of gang rape in Eastern Ukraine was two days after the invasion started on Reddit, there have been hundreds upon hundreds since, including forced pregnancy, and the rape of an 11 year old boy in front of his mother tied to a chair, and the soldier and the wife who had a conversation in which she gave him permission to rape Ukrainian women have been identified (man, how embarrassing is that /s))
      23. Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations; (Use of human shields has not been common but it has been reported)
      24. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; (Once again, the Red Cross abandoned Mariupol specifically because their personnel and equipment was being targeted for strikes by Russian forces.)
      25. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions; (This has been multiply reported by multiple sources.)
      26. Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities. (They’ve stolen enough UA boy children to have enough time to propagandize them and turn them into soldiers in large numbers in a couple of years, and the genocidal theft continues.)   

Most of this shown below is a repeat, but it shows that EVEN IF Putin declares that this military adventure is an internal matter for the Russian government to deal with… that it is an armed conflict not of an international character ….  the FUCKING RULES ABOUT WAR CRIMES – the crimes for which you can be tried – still apply.

RUSSIA IS A SIGNATORY TO ALL OF THIS. <——- so Putin can’t skate on this as not being war crimes, EVEN IF it’s an armed conflict not of an international character or a ‘special military operation’ or whatever the fuck bogus locution in any language whatsoever that he throws at it.

1. 1. 1. 1. In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
            1. Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
            2. Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
            3. Taking of hostages;
            4. The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
         2. Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
         3. Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
            1. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
            2. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
            3. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
            4. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
            5. Pillaging a town or place, even when taken by assault;
            6. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
            7. Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
            8. Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
            9. Killing or wounding treacherously a combatant adversary;
            10. Declaring that no quarter will be given;
            11. Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
            12. Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
         4. Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
2. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.