Why Putin must answer for his crimes in Ukraine at the ICC

Russian President Vladimir Putin delivers his annual state of the nation address in Moscow on February 20, 2019. [ AFP]

In a year defined by conflict and bloodletting on a medieval scale, all people of goodwill must take heart in the latest efforts to bring peace to Ukraine. Switzerland will host a summit on June 15 and 16 that aims to build broad international support for President Volodymyr Zelenskiy's peace proposals, which include full withdrawal of Russian troops from Ukraine.

As Russia's invasion of Ukraine stretches into its third year, the world has been inundated with depressing images of bombed-out neighbourhoods and fleeing civilians. Amid this fog of war, many important stories have fallen through the cracks. One such woefully underreported story is Russia’s abduction of 46 Ukrainian children that were then put up for adoption. This heinous act stripped the minors of their identity and roots. It also no doubt constitutes a war crime under international law.

Fortunately, international condemnation and legal action have followed. In mid-March 2023, the International Criminal Court (ICC) issued arrest warrants for President Vladimir Putin and Maria Lvova-Belova, Russia's commissioner for children's rights, over the illegal deportation of Ukrainian children to Russia. Despite Moscow's denials and the ICC's limited power to enforce arrests, the warrants sent a powerful message: The world is watching, and there will be consequences for such atrocities. The ICC’s step underscores the gravity of Russia's actions in Ukraine and the international community’s determination to seek justice for the victims.

Given the state of the world today, with the violence and flagrant human rights abuses we have witnessed in Ukraine, Gaza, Sudan, the DRC, and Ethiopia, it is more important than ever to hold those who bear the greatest responsibility to account. It might seem like a quaint notion now but bringing alleged perpetrators of serious crimes to justice under universal jurisdiction was in vogue just a few years ago. This era saw Hissène Habré brought to trial and convicted by an Extraordinary African Chambers in the Senegalese court system under the auspices of the African Union.

At one point, 25 of the 29 cases before the ICC were from the Eastern and Central African region. The list included not only rebel leaders and senior military generals but also sitting heads of state like Uhuru Kenyatta and Sudan’s Omar al-Bashir.

Kenyatta, the first sitting head of state to appear before ICC, enlisted top-tier legal representation and successfully had the charges against him dropped. In stark contrast, Bashir, like Putin, chose the path of impunity. His defiance ultimately led to his downfall. After ruling Sudan since 1989, Bashir was ousted in a popular uprising in 2019 and is currently detained in a military hospital following a lengthy prison stay.

Bashir’s embrace of impunity has had profound consequences for Sudan. The brutal civil war that has engulfed the country over the past year can be largely attributed to his empowerment of the paramilitary Rapid Support Forces. Sudan’s current state is a prime example of the tragic consequences that ensue when impunity reigns.

For this reason, even as efforts to bring peace to Ukraine continue, the pursuit of justice for crimes against humanity must advance in tandem. Russia’s invasion of Ukraine has caused the deaths of tens of thousands, displaced millions, and devastated numerous towns and cities. Putin’s forces now occupy about 18 per cent of Ukrainian territory. As with Sudan, history will mourn the needless bloodshed.

There is considerable evidence indicating that Putin's unchecked expansionism is already having adverse effects on Africa. Russia is aggressively pursuing its interests in Africa and has surpassed Beijing as the largest supplier of weapons in sub-Saharan Africa. Where these weapons go, bloodshed inevitably follows.

ICC Chief Prosecutor Karim Khan certainly has his work cut out for him, but he appears to be the right person for the job. Recently, he reminded Putin to take stock of history, pointing out that few expected Slobodan Milosevic, the Serbian leader tried for war crimes in Croatia, Bosnia, and Kosovo, to end up in The Hague.

"Those that feel that you can commit a crime in the daytime, and sleep well at night, should perhaps look at history," he said.

The world must heed this warning and ensure that Putin, like Milosevic, faces justice for his crimes in Ukraine.

-Mr Obara is a lawyer and media practitioner