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The Guardian - US
The Guardian - US
World
David Smith in Washington

How could Vladimir Putin be prosecuted for war crimes?

photo of putin in chair
The prosecution could argue that Putin and his inner circle committed a war crime by directly ordering an illegal attack. Photograph: Sputnik/Reuters

Joe Biden has called for the prosecution of Vladimir Putin for war crimes after the discovery in Bucha, Ukraine, of mass graves and bodies of bound civilians shot at close range. But bringing the Russian president to trial would be far from simple.

What are war crimes?

The international criminal court (ICC), the world’s first permanent war crimes tribunal, defines them as “grave breaches” of the Geneva Conventions, a set of humanitarian laws to be observed in war.

Jonathan Hafetz, an international criminal law and national security scholar at Seton Hall University School of Law, told the Reuters news agency that the execution of civilians as alleged in Bucha was a “quintessential war crime”.

Russia continues to deny culpability. Its defence ministry insisted on Sunday that “not a single civilian has faced any violent action by the Russian military”.

How can a case pointing to war crimes be built?

Jake Sullivan, the US national security adviser, told reporters on Monday that there were four main sources of evidence: information gathered by the US and its allies including from intelligence sources; Ukraine’s own efforts on the ground to develop the case and document forensics from the killings; material from international organisations including the UN and NGOs; and findings by global independent media with photos, interviews and documentation.

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