Russia- Ukraine crisis - A Circumstantial Analysis of the Liability of the Russian Soldiers for War Crimes
DOI:
https://doi.org/10.69974/glskalp.02.04.41Keywords:
Russia, Ukraine, War crimes, United Nations, World PeaceAbstract
The Russian invasion over Ukraine has taken a major toll over the world economy by jeopardizing the peace and security for which the United Nations stands for. The world has noticed several wars in the history and the unfortunate impact it has over the society. It takes generations to come up with the war caused due to the wars. The greed for power and the urge to establish supremacy over the others has led to the Sovereigns of various countries to opt for several means to establish power over the other, which has served to be detrimental to achieve the objective of peaceful coexistence. The United Nations and the conventions, declarations, treaties all strive to establish a society free from all forms of atrocities and urges to eliminate war by providing alternative methods of dispute resolution. Despite of the subsisting methods there are still some obstacles which came in the way of achieving world peace. The persisting war in Ukraine has been alarming and has taken the world by the shock. There has been blatant violation of the laws of war and contravention to the International Humanitarian Law. The agencies of the United Nations and the member countries have been doing their share in composing the situation at hand and the same has been intended to be highlighted by the authors through this paper along with the analysis of the Russian soldiers’ actions with respect to war crimes.
References
Mariana Budjeryn, The Breach: Ukraine’s Territorial Integrity and the Budapest Memorandum, (2022) https://www.wilsoncenter.org/sites/default/files/media/documents/publication/Issue%20Brief%20No%203--The%20Breach--Final4.pdf
Matt Clinch, How Russia Invaded Ukraine in 2014 and how the markets tanked, (Apr. 20, 2022) https://www.cnbc.com/2022/01/27/how-russia-invaded-ukraine-in-2014-and-how-the-markets-tanked.html
Rowan Nicholson, The International Court of Justice has ordered Russia to stop the war. What does this ruling mean?, https://www.britannica.com/story/the-international-court-of-justice-has-ordered-russia-to-stop-the-war-what-this-means (last visited: Apr. 23, 2022).
Andrew Stadtmauer, The Morality of (Killing in) War, https://www.andrew-stadtmauer.com/post/the-morality-of-killing-in-war (last visited Apr. 22, 2022).
Irving Louis Horowitz, Bertrand Russel on War and Peace, https://www.jstor.org/stable/40400481 (last visited Apr. 15, 2022).
Joseph Frankel, War, https://www.britannica.com/topic/war (last visited: April 21st, 2022)
Id.
Master E A Jelf, What is War? And What is Aggressive war? https://www.jstor.org/stable/742910 (last visited Apr. 17, 2022).
(1900) 2 Q.B . 339 at 343.
Principles of International Law Recognized in the Charter of Nuremberg Tribunal and in the Judgement of the tribunal, 1950, https://ihl-databases.icrc.org/ihl/WebART/390-550006?OpenDocument#:~:text=(a)%20Crimes%20against%20peace%3A,acts%20mentioned%20under%20(i). (last visited Apr. 18, 2022)
Supra note 11.
Id.
Laws of War in a Nutshell, https://www.icrc.org/en/document/what-are-rules-of-war-geneva-conventions (last visited Apr. 20, 2022)
Starke’s International Law, 11th Ed., Pg. no. 499.
Ukraine: Apparent war Crimes in Russian Controlled Areas, https://www.hrw.org/news/2022/04/03/ukraine-apparent-war-crimes-russia-controlled-areas (last visited Apr. 22, 2022).
Russia Ukraine War : Russian Leadership really Afraid of global Anger, https://www.republicworld.com/world-news/russia-ukraine-crisis/russia-ukraine-war-news-live-updates-day-42-april-6-2022-liveblog.html , (last visited Apr. 28, 2022).
Russia Has Killed Hundreds of Civilians. But has it committed war crimes, https://time.com/6152798/russia-rules-of-war-crimes-ukraine/ (last visited Apr. 28, 2022).
Russia-Ukraine: Invasion of Ukraine is an Act of Aggression and Human Rights catastrophe, https://www.amnesty.org/en/latest/news/2022/03/russia-ukraine-invasion-of-ukraine-is-an-act-of-aggression-and-human-rights- catastrophe/#:~:text=Russia's%20invasion%20of%20Ukraine%20is,held%20accountable%20for%20those%20violations (last visited Apr. 24, 2022).
Jasmine Aguilera, Russia has killed Hundreds of Civilians, But has it committed War crimes? , https://time.com/6152798/russia-rules-of-war-crimes-ukraine/ (last visited Apr. 29, 2022).
Rome Statute of International Criminal Court, https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf, (last visited Apr. 15, 2022).
Ukraine: Apparent war crimes in Russian Controlled Areas, https://reliefweb.int/report/ukraine/ukraine-apparent-war-crimes-russia-controlled-areas (last visited Apr. 24, 2022).
United Nations Charter, https://www.un.org/en/about-us/un-charter#:~:text=United%20Nations%20Charter,force%20on%2024%20October%201945. (last visited Apr. 26, 2022).
Article 33 of the UN Charter
Article 36(1) of the UN Charter
The UNSC Resolutions 82(1950); 84(1950)
U. N. Security Council Defeats Russia Humanitarian Lar on Ukraine that would omit fault, https://www.pbs.org/newshour/world/u-n-security-council-defeats-russia-humanitarian-resolution-on-ukraine-that-would-omit-fault (last visited Apr. 19, 2022).
International Court of Justice, https://www.icj-cij.org/en/frequently-asked-questions (last visited Apr. 17, 2022).
Allegations of Genocide under the Convention of the Prevention and Punishment of the Crime of Genocide (Russia v Ukraine) https://www.icj-cij.org/public/files/case-related/182/182-20220316-ORD-01-00-EN.pdfm (last visited Apr. 19, 2022).
Shubhajit Roy, Indian Judge at ICJ Votes to seek end of Russia war on Ukraine, https://indianexpress.com/article/world/international-court-of-justice-india-russia-ukraine-invasion-7823685/ (last visited Apr. 10, 2022).
International Criminal Court, Aims and Objectives, https://internationalcriminalcourtnashie.weebly.com/aims-and-objectives.html#:~:text=The%20ICC%20have%20four%20main,judiciaries%20in%20the%20investigation%20and (last visited Apr. 20, 2022).
KC JOSHI, INTERNATIONAL LAW AND HUMAN RIGHTS, (Eastern Book Company 2006).
Id. 34
Supra note 30
Id. 36
Signatories of the Rome Statute, https://internationalcriminalcourtnashie.weebly.com/signatories-of-the-rome-statute.html (last visited April 15, 2022).
Ukraine- Countries Request ICC War Crimes Inquiry, https://internationalcriminalcourtnashie.weebly.com/signatories-of-the-rome-statute.html (last visited Apr. 27, 2022)
