President Biden on Wednesday flatly called Russia’s Vladimir Putin a “war criminal” for the unfolding onslaught in Ukraine. But declaring someone a war criminal is not as simple as just saying the words.
The investigations into Putin’s actions already have begun. The U.S. and 44 other countries are working together to investigate possible violations and abuses, after the passage of a resolution by the United Nations Human Rights Council to establish a commission of inquiry.an independent body based in the Netherlands.
Those rules have been modified and expanded over the past century, drawn from the Geneva Conventions in the aftermath of World War II and protocols added later.The rules are aimed at protecting people not taking part in fighting and those who can no longer fight, including civilians like doctors and nurses, wounded troops and prisoners of war. Treaties and protocols lay out who can be targeted and with what weapons. Certain weapons are prohibited, including chemical or biological agents.
The most likely way that Putin could come into the picture as a war criminal is through the widely recognized legal doctrine of command responsibility. If commanders order or even know or are in a position to know about crimes and did nothing to prevent them, they can be held legally responsible.Generally, there are four paths to investigate and determine war crimes, though each one has limits. One is through the International Criminal Court.
A third would be to create a tribunal or court to try Putin by a group of interested or concerned states, such as NATO, the European Union and the U.S. The military tribunals at Nuremberg following World War II against Nazi leaders are an example.
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