66,000 war crimes have
been reported; Ukraine vows to prosecute them all
By
LIZ SLY
THE WASHINGTON POST • January
29, 2023
In this Sept. 11, 2022, photo, the war crimes
prosecutor for the Kharkiv region watches as police investigators a corpse in a
body bag in the liberated village of Zaliznychne. (Heidi Levine/for The
Washington Post)
KYIV, Ukraine — The 25 Russians convicted of war
crimes in Ukrainian courts include a soldier who forced two Ukrainians at
gunpoint to hand over laptops and money, four who beat and tortured Ukrainian
soldiers and two who admitted shelling residential buildings in the first weeks
of the war.
Over 66,000 additional alleged war crimes have
been reported to Ukrainian authorities since the Russian invasion last
February, according to Ukraine’s Office of the Prosecutor General. The number
is growing by hundreds every day as investigators fan out into areas retaken
from the Russians and Ukrainians step up to lodge complaints, ranging from the
theft of property to torture, murder, rape, the deportation of Ukrainian
children to Russia and the relentless missile strikes against Ukrainian
infrastructure.
It’s a staggering number of cases, one that would
overwhelm any judicial system anywhere, legal experts say. But Ukraine’s
prosecutor general Andriy Kostin has vowed to investigate all of them and to
bring to trial all those in which enough evidence can be gathered. President
Volodymyr Zelenskyy has made justice for the victims of war crimes one of his
conditions for eventual peace with Russia. The issue is as important for
Ukraine as defeating the Russians militarily if Russia is to be deterred
forever from attacking Ukraine, Kostin said.
“We have to win in both battles — in the fight for
our territory and in the fight for justice,” he said in an interview.
The battle for justice could prove just as
challenging as the fight for land.
The Ukraine war offers an unparalleled opportunity
to test the still-evolving international justice system that began to take
shape after World War II. The United Nations has found clear evidence that “an
array” of war crimes and other violations of human rights and international law
have been committed, according to an initial report by the Independent
International Commission of Enquiry on Ukraine set up under the auspices of the
United Nations earlier this year.
Not only is there an overwhelming number of cases,
but abundant evidence, noted a European diplomat, who spoke on the condition of
anonymity to discuss sensitive issues. Technology has brought new means of
documenting crimes, from the videos posted on social media by Russian and
Ukrainian soldiers to satellite footage that reveals patterns of deliberate
attacks on civilian targets.
The liberation of territory by Ukrainian troops
has enabled investigators to obtain firsthand accounts and forensic evidence
within days or weeks of the crimes being committed -— rather than years, as has
been the case with most previous attempts to put war criminals on trial. If
Ukraine succeeds in retaking more territory, the number of cases could easily
double, Ukrainian officials say.
There is extraordinary international interest in
the effort to hold the perpetrators to account, surpassed only by the Nazi war
crimes trials that followed World War II. The International Criminal Court
(ICC) has deployed its biggest team yet to Ukraine. Human rights lawyers and
advocacy groups have flooded into the country. The United Nations and European
governments have opened investigations. The diplomat said he had counted at
least 11 different investigations underway in Ukraine.
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