GLOBAL DEVELOPMENT ALLIANCE (Only for Leaders)

Monday, 24 February 2025

Holding Aggressors Accountable: The Path to Justice for Ukraine Under International Law

These children were killed yesterday in Kyiv, Odesa, Vinnitsya, Kharkiv, Kherson, Dnipro, Lviv, Rivne, Sumy... by russian missiles.

The Legal Imperative
As of 2025, international law remains unequivocal: individuals responsible for launching wars of aggression, perpetrating occupation, and targeting civilians face severe legal consequences. The atrocities committed in Ukraine – including the deliberate killing of children, women, elderly, and thousands of non-combatants – constitute violations of the most fundamental principles of humanity. Accountability is not optional; it is a legal obligation for the international community.

Putin’s Crimes and Violations of International Law

From the war's outset in February 2022, Russia's actions have constituted gross violations of international law and the principles enshrined in the United Nations Charter. Key violations include:

  1. Violation of Ukraine’s Sovereignty and Territorial Integrity
    Russia’s invasion flagrantly disregards Article 2(4) of the UN Charter, which prohibits the use of force against the territorial integrity or political independence of any state. The illegal annexation of Crimea in 2014 and the subsequent occupation of Ukrainian territories exemplify Moscow's imperial ambitions.

  2. War Crimes and Crimes Against Humanity
    Documented atrocities include deliberate attacks on civilian infrastructure, mass killings in Bucha and Irpin, sexual violence, forced deportations, and the targeting of hospitals, schools, and cultural sites. These acts breach the Geneva Conventions and constitute war crimes.

  3. Use of Banned Weaponry
    The Russian military has employed cluster munitions and thermobaric weapons, which are prohibited under international humanitarian law. These weapons indiscriminately kill civilians and exacerbate human suffering.

  4. Forced Deportations and Kidnappings
    Over 19,000 Ukrainian children have been forcibly deported to Russia, a crime condemned as genocide by international legal experts. This violates the Genocide Convention and the UN Convention on the Rights of the Child.

  5. Weaponizing Energy and Food Supplies
    Russia has blockaded Ukrainian grain exports, threatening global food security, and manipulated energy supplies to Europe, violating UN norms against economic coercion.

  6. Targeting of Nuclear Infrastructure
    The occupation of the Zaporizhzhia Nuclear Power Plant and threats of nuclear escalation undermine the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and pose risks of catastrophic consequences.

The Budapest Memorandum and Global Responsibility

The roots of this conflict tie back to the 1994 Budapest Memorandum, a critical document in which Ukraine agreed to relinquish its nuclear arsenal—the third-largest in the world at the time—in exchange for security assurances from Russia, the United States, and the United Kingdom.

Under the memorandum, Ukraine dismantled its nuclear weapons stockpile, expecting that its sovereignty and territorial integrity would be safeguarded. However, Russia’s aggression, beginning with the annexation of Crimea in 2014, represents a blatant betrayal of these commitments.

The failure to enforce the guarantees of the Budapest Memorandum highlights a crisis of accountability and undermines trust in international agreements. It raises urgent questions about the responsibility of signatory states:

  • Russia: The primary violator, having turned its back on its commitments, faces international condemnation and sanctions but continues its aggression unabated.
  • United States and United Kingdom: While both nations have provided significant military and economic support to Ukraine, critics argue that more decisive action, including establishing no-fly zones or stronger measures against Russia, could have been pursued earlier.

The Cost of War

The toll of this war is staggering:

  • Human Losses: Tens of thousands of civilians, including children, have been killed. Ukrainian military casualties are estimated in the tens of thousands, while Russia’s losses reportedly exceed 1,000,000 soldiers.
  • Displacement: Over 11 million Ukrainians have fled abroad, with millions more internally displaced.
  • Economic Devastation: Ukraine’s economy has contracted by over 30%, with key industries, infrastructure, and agricultural production severely impacted.
  • Cultural Destruction: Hundreds of cultural sites, including museums, theaters, and historic landmarks, have been deliberately targeted.
  • Environmental Damage: Russia’s attacks on industrial facilities, water reservoirs, and forests have created long-term ecological disasters.
A Call for Justice and Action

The international community must intensify efforts to hold Russia accountable for its crimes. This includes:

  • Prosecution of War Crimes: Supporting investigations by the International Criminal Court (ICC) and other tribunals to ensure that Russian officials, including Vladimir Putin, face justice.
  • Continued Military Support for Ukraine: Providing advanced weaponry and training to enable Ukraine to defend itself effectively.
  • Economic Isolation of Russia: Strengthening sanctions to cripple Russia’s war machine and reduce its capacity for aggression.
  • Global Security Reforms: Reevaluating collective security mechanisms to prevent future breaches of agreements like the Budapest Memorandum.
Who Must Answer?

Political & Military Leadership:
Heads of state, ministers, and senior commanders who planned, ordered, or failed to prevent war crimes (including aggression, war crimes, crimes against humanity, and genocide).
Example: The ICC has already issued arrest warrants for Vladimir Putin and Maria Lvova-Belova (Russia’s Presidential Commissioner for Children’s Rights) for the unlawful deportation of Ukrainian children.

Direct Perpetrators:
Soldiers, officers, and paramilitary personnel (e.g., Wagner Group) who executed atrocities in Bucha, Mariupol, Kherson, and beyond.

Enablers & Propagandists:

Officials inciting violence, spreading hate speech, or providing material support for crimes.
Where Will Justice Be Served?

International Criminal Court (ICC):
Primary venue for prosecuting high-level perpetrators. As of 2025, 43 states have referred the Ukraine situation to the ICC.

Charges: War crimes (willful killing, torture, indiscriminate attacks), crimes against humanity (murder, deportation), and potentially genocide.

Special Tribunal for Aggression:
A proposed court (backed by the EU, UK, and Ukraine) to prosecute the crime of aggression – which the ICC cannot adjudicate against non-member states (like Russia) without UNSC referral.

National Courts via Universal Jurisdiction:
Germany, France, Spain, and others are actively investigating atrocities under the principle of universal jurisdiction, allowing trials regardless of where crimes occurred or the nationality of perpetrators/victims.
Precedent: Germany’s 2023 conviction of a Syrian officer for crimes against humanity.

Ukraine’s Domestic System:
Ukrainian courts have convicted over 100 Russian soldiers for war crimes (e.g., murder, looting, cruel treatment).

How Accountability Works Under International Law (2025)
Command Responsibility: Leaders are liable for crimes committed by subordinates if they knew/should have known and failed to prevent or punish them (Rome Statute, Art. 28).

Evidence Gathering: Satellite imagery, intercepted communications, social media posts, mass grave exhumations, and survivor testimonies are meticulously documented by UN commissions, NGOs (e.g., HRW), and national investigators.

Asset Seizures & Sanctions: Frozen Russian state assets (€300B+) may fund reparations. Individual sanctions restrict travel and finances of suspects.

Extradition & Arrest Warrants: ICC warrants obligate 123 member states to arrest indictees on their territory.

Key Legal Instruments:
  • Rome Statute (ICC): Criminalizes war crimes, crimes against humanity, genocide.
  • Geneva Conventions (1949): Protects civilians, POWs, and the wounded.
  • UN Charter (Art. 2(4)): Prohibits the "use of force against the territorial integrity" of states.
  • Challenges in 2025:
  • Immunity Claims: Heads of state immunity does not apply before international courts for core crimes (ICC Statute, Art. 27).
  • Enforcement: Relies on state cooperation; Russia refuses to surrender suspects.
  • Geopolitical Obstacles: UNSC veto power limits action against permanent members.
  • Conclusion: The Unyielding Pursuit of Justice
  • International law in 2025 provides robust tools to prosecute those responsible for Ukraine’s suffering. 
Justice will not be immediate, but it is inevitable. As evidence mounts and legal pathways solidify, perpetrators – from frontline soldiers to Kremlin architects of aggression – will find their impunity eroded by the relentless force of international law. The world is watching, documenting, and preparing for the day the guilty stand before the court.

"The law cannot be silent while humanity weeps."
– Adapted from Raphael Lemkin (architect of the Genocide Convention)

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