The Day

Ukraine begins first war crimes trial

Russian soldier accused of slaying civilian

- By DAVID L. STERN and CLAIRE PARKER

Mukachevo, Ukraine — A court in the Ukrainian capital, Kyiv, began hearings Friday in the case against Sgt. Vadim Shishimari­n, the first Russian soldier to go on trial for alleged war crimes. He is accused of shooting a 62-year-old civilian in the northeaste­rn Ukrainian region of Sumy in late February.

Shishimari­n, 21, a member of Russia’s 4th Guards Kantemirov­skaya tank division, is in Ukrainian custody. He is charged with violating “the laws and customs of war combined with premeditat­ed murder,” for which he could face up to 15 years in prison if found guilty, Iryna Venediktov­a, Ukraine’s prosecutor general, said Wednesday in a statement on Facebook.

A spokespers­on for Ukraine’s prosecutor general’s office said Friday that the hearing in Kyiv’s Solomiansk­yi district court was a “preparator­y meeting.” Footage shared by Ukrainian media showed the handcuffed Russian soldier entering the courtroom wearing a blue and gray hoodie, his eyes downcast.

The proceeding­s lasted about 15 minutes, according to the Associated Press. Shishimari­n was told his rights and declined a jury trial. The indictment in Shishimari­n’s case will be read May 18.

Shishimari­n is accused of killing an unarmed civilian who was pushing a bicycle on the side of a road in the village of Chupakhivk­a, firing several rounds from his Kalashniko­v rifle on Feb. 28, Venediktov­a’s statement said. Venediktov­a said on Twitter on Friday that Shishimari­n, along with four other soldiers, had been fleeing the fighting in the Sumy region in a stolen car.

The man was speaking on his phone, and “one of the soldiers ordered the sergeant to kill the civilian so that he would not report them to Ukrainian defenders,” the statement said. “The man died on the spot just a few dozen meters from his home.”

The statement did not shed light on how the Russian soldier ended up in Ukrainian custody. In a video posted to YouTube on March 19 that appears to show Shishimari­n being interviewe­d by Ukrainian video blogger Volodymyr Zolkin, Shishimari­n says he was captured in Ukraine when his column was surrounded as they tried to move their wounded back to Russia.

Shishimari­n said in a video posted by the Ukrainian security service that he had been ordered to shoot the man in Sumy. Even if true, that does not absolve him of responsibi­lity.

“The fact that he received what he knew to be an illegal order is not a legal defense under internatio­nal law,” said Dermot Groome, a law professor at Penn State and former war crimes prosecutor who has been advising Venediktov­a’s office.

The fact that Shishimari­n appears to be cooperatin­g — and that he is young — could get him a lighter sentence, though, Groome said.

Shishimari­n is being represente­d by Ukrainian court-appointed attorney Victor Ovsyanikov, who told the AP that the case against his client is strong but the court still has to decide what evidence to allow.

“For me it is just work,” Ovsyanikov told the New York Times. “It is very important to make sure my client’s human rights are protected, to show that we are a country different to the one he is from.”

With the eyes of the world on Ukraine, and top internatio­nal law experts advising Ukrainian prosecutor­s, Ukraine is likely to play the trial and others that follow by the book, Robert Goldman, a war crimes and human rights expert at American University’s Washington College of Law, told The Post this week.

Prisoners of war have the right to a trial by an independen­t and impartial court. Ukraine is also party to the European Convention on Human Rights, which provides strong due-process guarantees, Goldman said.

Ukraine has moved ahead with war crimes investigat­ions even as it remains unlikely that top Russian leaders, including President Vladimir Putin, will ever stand trial. The U.S. State Department announced in March that U.S. intelligen­ce agencies had seen concrete evidence of war crimes by Russian troops, and the Biden administra­tion is supporting Ukraine’s efforts to investigat­e and prosecute alleged crimes.

 ?? EFREM LUKATSKY/AP PHOTO ?? Russian army Sgt. Vadim Shishimari­n, 21, is seen behind glass Friday during a court hearing in Kyiv, Ukraine. His trial opened Friday, the first war crimes trial since Russia’s invasion of its neighbor. Shishimari­n is accused of killing a Ukrainian civilian.
EFREM LUKATSKY/AP PHOTO Russian army Sgt. Vadim Shishimari­n, 21, is seen behind glass Friday during a court hearing in Kyiv, Ukraine. His trial opened Friday, the first war crimes trial since Russia’s invasion of its neighbor. Shishimari­n is accused of killing a Ukrainian civilian.
 ?? BERNAT ARMANGUE/AP PHOTO ?? The letter Z, which has become the Russian emblem for the war, is seen Friday on a destroyed Russian armored personnel carrier near Kutuzivka in east Ukraine.
BERNAT ARMANGUE/AP PHOTO The letter Z, which has become the Russian emblem for the war, is seen Friday on a destroyed Russian armored personnel carrier near Kutuzivka in east Ukraine.

Newspapers in English

Newspapers from United States