Expert: Kremlin’s commanders will be investigated
Vladimir Putin’s ministers and military commanders may risk arrest if they ever travel abroad over the atrocities against civilians being uncovered in Ukraine, experts said yesterday.
The International Criminal Court is conducting an investigation of possible war crimes in Ukraine and the UN’S Human Rights Council is also investigating allegations of rights violations, including possible war crimes, in Ukraine.
On Thursday, Russia was suspended from the council. There
are growing calls to prosecute the Russian president but his military commanders like Lieutenant Colonel Azatbek Omurbekov, branded the Butcher of Bucha over atrocities carried out in the city, also stand accused.
Lawyer Susan Kemp, a former International Criminal Court investigator, said: “It is not going to happen instantly because, firstly, it can take time to put together a strong case and, secondly, you need to have the accused in custody unless you mount a trial in absentia.
“So it becomes about whether the person you’re looking for travels somewhere and if that country is prepared to arrest and transfer him.
“Putin cancelled a trip to France in 2016 because he wasn’t comfortable that France wouldn’t arrest him – President Hollande publicly accused him of war crimes in Aleppo in Syria.
“So prosecutors are going to be looking at commanders and perpetrators who perhaps leave Russia and can be tracked down in other countries. It’s important to remember also that the Geneva Conventions demand that every country in the world search for and bring to justice people who are responsible for these crimes.
“So any country can prosecute these people if they have sufficient evidence.
“If Putin ends up being subject to arrest warrants travelling internationally could mean he risks arrest. As the head of state it’s embarrassing and inhibits him from doing his job.
“The same applies to his minister of defence, foreign minister, military commanders and anybody else within the scope of any arrest warrants.”
A regime change in Russia could also see Putin and others held to account for war crimes.
The International Criminal Court issued arrest warrants more than 10 years ago against Janjaweed commander Ali Kushayb and President Omar Al-bashir for atrocities committed in Darfur, Sudan.
Al-bashir was ousted in a coup in 2019 and faces being handed over to the ICC. Kushayb is in The Hague on trial.
Kemp said: “It took a long time to put Kushayb on trial but there was a regime change, he fled the country and was arrested. Former Liberian president Charles Taylor, indicted by an international war crimes tribunal in Sierra Leone was forced to resign, tried to find sanctuary in Nigeria but was arrested and is serving a 50-year sentence.
“Sometimes friendly countries aren’t so friendly any more and you end up being extradited.”