Any war crimes and accusations of genocide could be investigated by two different courts, both in The Hague. Jessica Almqvist, professor at the Department of Law, analyses what this involves.
"There are not many who would dispute the unlawfulness of Russia's invasion of Ukraine", says Jessica Almqvist.
Some days ago, Ukraine held Russia accountable for having violated the UN convention on genocide. The case will be heard by the International Court of Justice in The Hague. According to Jessica Almqvist, there will be an action and probably the court will order Russia to immediately cease its ongoing military actions against the Ukrainian population.
What worth does such a statement have?
"Good question. It does not stop a genocide and the killing of civilians, but it is a way to exert pressure on Russia, as well as stir up public opinion and get a court to take a position. It also activates other institutions within the UN and a representative of the Russian government must go to The Hague to face the accusation", says Jessica Almqvist.
The International Court of Justice in The Hague thus decides on disputes between the UN's member countries. In the same city is the International Criminal Court, where individuals can be prosecuted for war crimes and crimes again humanity. A war crime could be a rocket attack intentionally aimed as a residential building, or a bomb dropped on a hospital. Attacks that are purposely aimed at civilians in a systematic and widespread way are crimes against humanity. A possible war crime that was seen on TV channels all over the world shows how a Russian tank suddenly turns sharply and drives right over a car - apparently on purpose.
"But was it on purpose and who was driving the tank? It can sometimes be hard to prove a war crime", says Jessica Almqvist.
It is not just the person who carries out a suspected war crime who can be prosecuted, as individuals who give the order for war crimes can also be prosecuted. Proving this often requires more than one person to testify that they heard or saw the order and who gave it.
Individuals sentenced for war crimes in connection with other wars and conflicts have in certain cases ended up before national courts in other countries many years after the crime. Often the course of events has been that the criminal fled and hid among other refugees before being later discovered.
