The Canadian government is applying to the International Criminal Court to bring to justice the perpetrators of “crimes against humanity” allegedly committed by the Russian military during their invasion of Ukraine. A valid procedure, according to experts, who doubt, however, that the world will see Vladimir Putin in the dock anytime soon.
” Today [mardi]Canada will make a request to the International Criminal Court against Russia for crimes against humanity and war crimes,” said Canadian Foreign Minister Mélanie Joly.
The minister was speaking early Tuesday morning, Montreal time, while she was in Geneva, Switzerland, for a meeting of the United Nations (UN) Human Rights Council. Like around 140 diplomats and representatives of Member States, Mélanie Joly left the Council room when the Minister of Foreign Affairs of Russia, Sergei Lavrov, was speaking.
“It is important for Canada to show the world that we are, like all our colleagues here at the United Nations, against any further invasion of Ukraine,” she said when she left.
Canada is responding to a request from the prosecutor of the International Criminal Court, who was seeking the support of a member country to speed up the process of launching an investigation into potential “war crimes” and “crimes against humanity committed by the Russian military. Lithuania had similarly volunteered to refer the Ukrainian situation to this international tribunal, of which Russia is not a party.
Chances of success
Two experts in international criminal law have confirmed to the Homework that such a court could issue arrest warrants for Russian officials, but would struggle to drag them to the dock, failing Russia’s agreement. “Until a State Party is willing to cooperate [comme la Russie]there is not much we can do,” says Bruce Broomhall, professor in the Department of Legal Sciences at UQAM.
“The Court already has jurisdiction to investigate what has been happening on Ukrainian territory since [l’annexion de] Crimea, in 2014, specifies the specialist in international criminal law. If ever there are refugees who witness war crimes now and end up in countries [européens], the Court could ask these States to help it gather evidence. »
“It will probably be very difficult to obtain the arrest of wanted persons, maintains Frédéric Mégret, of the Faculty of Law of McGill University. Unless these people are traveling abroad on the territory of a State which is itself a party to the Rome Statute. »
Moreover, experts warn, the International Criminal Court cannot condemn Russia for its aggression of Ukraine as such or for accidents or collateral damage due to the attack on military targets. Only possible atrocities committed by the troops could be judged, such as the use of military tactics aimed at terrorizing civilians.
“It’s one thing to say that the Russians are committing war crimes, [ou] to judge soldiers, officers, generals, perhaps. But it’s another thing to show that President Putin would be directly and personally responsible. It’s quite complicated to prove,” emphasizes Professor Frédéric Mégret.
Ukrainian President Volodymyr Zelensky on Tuesday called Russia’s bombardment of a public square in Kharkiv a “war crime” and an act of “terror”. He called on all countries to hold accountable in international courts “the terrorists” who ordered the raid.
Still more punishments
The Canadian government announced more aid for Ukraine and other sanctions against Russia on Tuesday, adding that even more economic sanctions are expected in the coming days.
“The new measures will continue to target the institutions and individuals who help President Putin and enable him to act as he does. […]. President Putin has now become an international pariah […]. Russia, now, has decided to put itself outside the civilized world,” Federal Finance Minister Chrystia Freeland said on Tuesday.
The one who is also Deputy Prime Minister presented the situation as an escalation of sanctions which will only stop when the Russians stop the war. His government announced on Tuesday that it would ban Russian vessels from entering the country’s internal waters and ports.
Could this escalation ultimately lead Canada to war? Minister Freeland did not give a definitive answer.
“The war unfolding in Ukraine is a war against democratic values and principles, but it is also a war that will have practical consequences for Canada,” she notes. If Russia succeeds [son occupation de l’Ukraine]we will have a very different world [que celui qu’on a connu]. And it will be a dangerous world for Canada. »
Chrystia Freeland says she does not know if President Putin, whom she has already met several times in her career, always acts rationally. However, it claims to have warned the Russian economic leaders of the reprisals to which they are exposed in the event of war. Defense Minister Anita Anand rules out maintaining a no-fly zone over Ukraine or deploying troops there.
After sending shipments of military equipment and some weapons to Ukraine, Canada announced on Tuesday the shipment of some 1,600 protective vests and 400,000 meal packets for the army. The country will also contribute an additional $100 million to provide humanitarian aid in Ukraine and neighboring countries, including food and medical care for refugees.