The concept of international justice for war crimes was established during the Nuremberg trials of Nazi German leaders after World War II. It is based today on the Geneva Conventions, a series of treaties governing the wartime treatment of civilians, prisoners of war and others, which have been adopted by every nation.
Although multiple bodies and nations are investigating possible war crimes in Ukraine, experts said the International Criminal Court offered the best chance for real accountability. Based in The Hague, the court was established in 1998 after separate tribunals prosecuted mass atrocities in Rwanda and the former Yugoslavia, demonstrating the need for a standing judicial body to handle such cases.
Russia-Ukraine War: Key Things to Know
Card 1 of 4A key vote. Lawmakers in the House voted overwhelmingly to strip Russia of its preferential trade status with the United States, moving to further penalize the country’s economy in response to the invasion of Ukraine. The bill is expected to move to the Senate quickly.
Attack on Mariupol. A theater where up to 1,000 people were believed to be taking shelter was destroyed during an attack in the besieged port city. President Volodymyr Zelensky of Ukraine alleged that a Russian aircraft had “purposefully dropped a huge bomb” on the building.
Russian losses. British intelligence reports say that Russian forces have “made minimal progress on land, sea or air in recent days.” The Pentagon estimated that 7,000 Russian soldiers have been killed, more than the total of American troops killed over 20 years in Iraq and Afghanistan.
In Kyiv. A 35-hour curfew in the capital has ended, although a battle raged in the skies. Ukrainian soldiers and volunteers evacuated dozens of civilians and a wounded soldier from Irpin, a suburb on the outskirts of the city, as heavy artillery sounded nearby.
Last month, the top prosecutor of the International Criminal Court, Karim Khan, announced that he was opening an investigation into Russia’s invasion of Ukraine. Mr. Khan traveled this week to Poland and Ukraine to begin collecting evidence and met virtually with President Volodymyr Zelensky.
In an interview with CNN from Ukraine, Mr. Khan said he would investigate whether there were instances where Ukrainian forces mounted attacks from populated areas that could make them legitimate targets. “But even then, it’s no license to use cluster bombs or use disproportionate attacks in concentrated civilian areas,” he added.
The United States has had a fraught relationship with the court and is not among its 123 member nations. President George W. Bush revoked President Bill Clinton’s signature on its founding document, saying he would not accept the court’s jurisdiction over American troops abroad. President Barack Obama cooperated with the court but never sought to make the United States a member.
The administration of President Donald J. Trump was vividly hostile toward the body, which Secretary of State Mike Pompeo derided as a “kangaroo court” and biased against Israel. Mr. Trump even slapped sanctions on its top prosecutor and others after she began an inquiry into alleged war crimes by U.S. troops in Afghanistan.
“Traditionally, the U.S. has objected to assertion of jurisdiction by the I.C.C. over U.S. nationals because the U.S. never accepted the jurisdiction of the court,” said Todd Buchwald, the head of the State Department’s Office of Global Criminal Justice during the Obama administration. “The question is, how do we think about this now?”