Q: Isn’t bombing a train station in Ukraine, where people were there to evacuate, a war crime? If Russian President Vladimir Putin cannot be arrested, can he at least be tried in absentia? There are so many atrocities being committed in Ukraine.
K.P., Hawthorne
A: A war crime is an action carried out during the conduct of a war that violates accepted international rules of war. The circumstances you mention are deemed by many to constitute a war crime, but not the only actions being addressed that may lead (or which have already led) to a charge of war crimes against the Russian president. As to a trial in absentia, this means the person who is the focus of the charges is not physically present at the proceedings.
The International Criminal Court, in March of this year, issued an arrest warrant for Putin. The charges focus not on the bombing you identify, but on the thousands of Ukrainian children allegedly kidnapped and transported into Russia. Recent reports suggest Russia may be returning some of the children, possibly to try to avoid the limitations on Putin traveling to various places where he may now otherwise be arrested.
Russia, however, does not recognize the ICC, and the United States is not a party to the Rome Statute, which founded the ICC. Bottom line, it is not likely Putiin will be arrested, at least while he remains in power. The ICC does not have its own police force, and thus relies on countries to effectuate its arrest warrants. Research further indicates the ICC does not try defendants in absentia, since its rules expressly state that an accused suspect shall be present during trial. But in 2005, a United Nations-backed tribunal convicted three men in absentia for the assassination of Lebanese politician Rafik Hariri. And in 2022, a Dutch court convicted three men in absentia for the notorious 2014 downing of a Malaysian Airlines flight over eastern Ukraine.
As such, there are options to try Putin, whether in absentia or not. A fair question to ask: What does justice call for, given the actions that have allegedly occurred?
Q: The Russian invasion of Ukraine has led to terrible losses of life and property. It has negatively impacted the whole world. Is there any court that can pursue claims against Russia for its conduct?
P.M., Anaheim
A: The ICC (referenced above) is an international tribunal formed for the prosecution of crimes against humanity. The ICC is not affiliated with the United Nations, and its arrest warrant for Putin will be challenging to enforce, as noted in the first response above.
The International Court of Justice, on the other hand, is part of the UN, and seeks to settle disputes between countries based on international law, and to provide advisory opinions on international legal issues. Russia is part of the UN Security Council, however, and has veto power, so this avenue does not appear realistic either.
Research suggests the most promising avenue for international justice related to Russia will be the European courts utilizing what is referred to as “universal jurisdiction.” This is the legal concept that the domestic court system of a country can pursue cases against parties accused of carrying out grievous actions, such as war crimes, even if the alleged conduct occurred outside of that country’s borders. Once again, a fair question to ask: What does justice call for given the alleged actions that have occurred?
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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