Ending Russian impunity: Why Ukraine needs justice as well as security
With no end in sight to the Russian invasion of Ukraine, some members of the international community are now advocating for a negotiated settlement that risks rewarding Moscow for its aggression. The idea of offering the Kremlin concessions is dangerously shortsighted and overlooks the central importance of justice in any future peace settlement. Failing to hold Russia accountable for crimes committed in Ukraine would set a disastrous precedent for the future of international security, and would create the conditions for more war.
Since the start of Russia’s full-scale invasion, the Ukrainian authorities have been vocal about the need to document Russian war crimes and bring the perpetrators to justice. Many of Kyiv’s partners have provided extensive backing for these efforts. Meanwhile, the International Criminal Court in The Hague has initiated investigative proceedings, and has issued a number of warrants for the arrest of senior Kremlin officials including Russian President Vladimir Putin on war crimes charges. This trend is welcome and must continue.
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The pursuit of justice for Russian war crimes is not just a matter of upholding the law. It is a key component of Ukraine’s broader strategy to safeguard its sovereignty and rebuild its war-torn society. If Ukraine is unable to secure justice for the millions who have suffered as a direct result of Russia’s invasion, this could seriously weaken the legitimacy of the Ukrainian authorities and lead to the long-term destabilization of the country.
Crucially, enforcing accountability for atrocities will also send a powerful signal to Russia and the wider international community that war crimes will not be tolerated. The Russian invasion of Ukraine has sparked the largest European war since World War II, and has directly violated many of the core principles of international law. If the invasion ends in an ugly compromise that leaves Moscow unpunished, much of the progress made since 1945 will be undone.
Russia currently stands accused of war crimes in Ukraine including mass killings, deportations, torture, the systematic abduction of children, and the deliberate targeting of civilian infrastructure. However, previous generations of Russians have faced very similar war crimes accusations without ever encountering legal consequences. This has helped foster a sense of impunity in modern Russian society that has paved the way for the atrocities currently taking place in Ukraine. Addressing Russian impunity must therefore be central to any meaningful peace process.
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Ukraine’s efforts to gather evidence of war crimes during the ongoing Russian invasion have been groundbreaking. Prosecutors, law enforcement officials, legal experts, and members of the country’s civil society have all made significant contributions. One particularly important development has been the use of DNA database technologies, with mobile DNA labs enabling forensic teams to operate in recently liberated areas of Ukraine. The physical evidence acquired during these investigations has made it possible to identify victims and could also be used in future prosecutions.
Ukraine’s efforts to hold Russia accountable have also been boosted by partnerships with a range of international legal experts and organizations. This cooperation could have consequences for international justice that extend far beyond Ukraine’s borders. The experience of investigating war crimes that has been acquired in Ukraine since the beginning of Russia’s full-scale invasion in February 2022 can contribute to the broader objective of strengthening the international legal framework that underpins global security.
Continued international assistance in Ukraine’s quest for justice is an important element of the support Kyiv receives from its partners. By providing forensic expertise, legal guidance, and diplomatic backing, Western allies strengthen Ukraine’s efforts while emphasizing their own commitment to accountability for war crimes. This will help prevent the normalization of war crimes and other violations of international law. Failure to act decisively could embolden other actors globally, leading to the further erosion of the rules-based international order.
Looking ahead, the fight for justice must remain at the heart of efforts to end the Russian invasion of Ukraine. It is vital to pursue victory not only on the battlefield but also in the courtroom. This will require sustained international solidarity and political will at a time when there are growing signs of war-weariness and calls for a compromise that would allow Moscow to escape accountability. Anything less than justice for the victims of Russia’s invasion will invite further aggression from Russia itself and from other expansionist powers. This would be a costly blunder that would set the stage for a new era of international instability.
Kateryna Odarchenko is a partner at SIC Group Ukraine. Lesia Zaburanna is a member of the Ukrainian parliament with the Servant of the People Party and a member of the Ukrainian delegation to the Parliamentary Assembly of the Council of Europe.
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The views expressed in UkraineAlert are solely those of the authors and do not necessarily reflect the views of the Atlantic Council, its staff, or its supporters.
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Image: The graves of victims of war crimes of the Russian army after exhumation in Izum, Kharkiv region, Ukraine. September 30, 2022 (Photo by Maxym Marusenko/NurPhoto)
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