June 27, 2024

More senior Russian officials join Putin on war crimes wanted list

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The International Criminal Court in The Hague has this week issued arrest warrants for former Russian Defense Minister Sergei Shoigu and Russian army chief Valeriy Gerasimov for alleged war crimes and crimes against humanity committed during the invasion of Ukraine. Both men face charges related to the bombing of Ukraine’s civilian energy infrastructure during the first winter of Russia’s full-scale invasion. Shoigu and Gerasimov are the latest in a series of senior Kremlin officials including Russian President Vladimir Putin to be targeted with criminal charges relating to the invasion of Ukraine.

The ICC first opened proceedings into Russia’s invasion in March 2022. One year later, arrest warrants were issued for Putin himself and the Russian President’s human rights ombudsman, Maria Lvova-Belova, over the mass abduction of Ukrainian children. Ukrainian officials say thousands of Ukrainian children have been deported to Russia since the start of the full-scale invasion, with many adopted into Russian families or sent to camps where they are subjected to ideological indoctrination designed to erase their Ukrainian identity. This may qualify as an act of genocide, according to the UN’s 1948 Genocide Convention and the Rome Statute.

In March 2024, the ICC announced new arrest warrants for Russian Air Force long range aviation chief Sergei Kobylash and Russian Black Sea Fleet commander Viktor Sokolov in connection with the bombing of Ukraine’s power grid. ICC prosecutors aim to charge the Russian commanders with the alleged commission of war crimes and crimes against humanity because they say the bombing campaign was part of a state policy of widespread attacks on the civilian population.

This week’s warrants represent a significant step forward in efforts to hold Russia legally accountable for crimes committed in Ukraine. The latest suspects are top Russian military officials and key figures alongside Putin in the leadership of the invasion. Both Gerasimov and Shoigu would be potential suspects in a future prosecution for the crime of aggression. However, the ICC does not have jurisdiction over this crime, while plans to establish a special tribunal remain at the early stages.

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News of the arrest warrants for Shoigu and Gerasimov was welcomed in Ukraine, with Ukrainian President Volodymyr Zelenskyy calling the ICC decision “a clear indication that justice for Russian crimes against Ukrainians is inevitable.” At the same time, there is little prospect of Russian leaders standing trial in The Hague any time soon.

All member countries of the ICC are expected to hand over suspects to the court, but Russia is not a member. Predictably, Russian officials have denounced the court’s latest warrants as part of a “hybrid war” being waged against the country. Ukraine is also not a member of the ICC but has granted the court jurisdiction to prosecute war crimes committed since the start of Russia’s invasion.

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While it remains unlikely that the ICC will be able to enforce its arrest warrants, the indictments do have potential practical implications including restrictions on international travel. Indeed, concerns over possible arrest for war crimes are believed to have been instrumental in convincing Putin not to attend last summer’s annual BRICS summit in South Africa. If Shoigu and Gerasimov had any plans to travel internationally, they may now be forced to rethink.

It is also significant that the latest indictments include allegations of crimes against humanity. While there is no such thing as an official hierarchy of international crimes, it is generally accepted that crimes against humanity are more serious offenses than war crimes and incur graver penalties. This may help Ukraine to consolidate support for Kyiv’s peace initiatives, while also strengthening international efforts to bring Russia to justice for crimes committed during the invasion.

Russia’s bombardment of the Ukrainian electricity grid has been a particular focus for ICC investigators. This year’s arrest warrants address the period from October 2022 to March 2023, which saw the first campaign of intensified attacks. However, the bombing has continued, with Russian missile and drone strikes during the first half of 2024 damaging or destroying around half of Ukraine’s remaining power-generating capacity.

This destruction has left Ukraine facing a possible humanitarian catastrophe during the coming winter months. Officials are currently warning that the civilian population may be restricted to six hours of electricity per day at a time when temperatures typically fall well below freezing for extended periods. This underlines the urgency of challenging Russian impunity and demonstrating that senior Russian officials will be held responsible for crimes committed in Ukraine.

Andrii Mikheiev is a lawyer at the International Centre for Ukrainian Victory.