March 31, 2023

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The United States accuses: a war criminal, which is why The Hague can try Kaiser

By Mario Arpino War Crimes. It is America’s accusation of Russia’s war in Ukraine. Secretary of State Anthony Blinken announced that the United States was “documenting” possible war crimes by Russia, and condemned the use of prohibited weapons and attacks on civilians. The International Court of Justice (Cig), the principal judicial body of the United Nations, announced last Friday that it will hold public hearings on 7 and 8 March dedicated to Ukraine’s “requests for information” under the Prevention and Punishment Agreement. of crime. Definition But what acts can be defined as war crimes? Before trying to answer, it should be remembered that the International Criminal Court (ICC) is also located in The Hague, which opened an investigation into the situation in Ukraine – the law of whose founding is not ratified by Kyiv and Moscow. . To avoid confusion, how the Cpi and Cig function should be specified separately and in relation to accusers of different types: while the first judges states, the second judges individuals. Rules Regardless, there have long been written rules governing armed conflict. The conflict in Ukraine should be classified as an “international armed conflict”, governed by the four Geneva Conventions of August 1949 and Additional Protocol I, adopted in June 1977. Some rules of customary law, already inspired by the First Hague Convention, are also relevant from the Ottawa Convention in 1997 which ban antipersonnel mines, from the 2008 Oslo Convention on the Use of Cluster Bombs, and other prohibitions related to napalm, phosphorous bombs, depleted uranium, and eliminators. It should be noted that some states, despite their participation in the drafting of treaties, have not ratified them. Among them, Russia, the United States and even Ukraine. Regulations Not everything is regulated in detail, and most likely it will not be regulated at all. However, …

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