Will Russia ever be held responsible for war crimes in Ukraine?

On April 2, 2024, delegates from a number of countries gathered in The Hague, Netherlands, for the Ministerial Conference on Restoring Justice for Ukraine. The conference sought to strengthen collective action and accountability for transgressions of international law in the face of Russia’s persistent aggression.

However, many anticipate what resolves world leaders will come up with to confront aggression, guarantee responsibility, and bring justice back to the Ukrainian people.

The facts

Recalling the July 2022 Ministerial Ukraine Accountability Conference, delegates once again expressed their vehement denunciation of the aggressions committed by the Russian Federation on Ukraine. These actions clearly violated international law and the United Nations Charter, including attempted unlawful takeovers.

Representatives acknowledged resolutions passed by the UN General Assembly denouncing aggression against Ukraine and applauded those that strengthened accountability for transnational crimes and protected Ukraine’s territorial integrity.

While urging the Russian Federation to immediately cease its aggression, representatives cited a legally binding order from the International Court of Justice to suspend military operations.

The arguments

Analysts say it is possible to consider all Russian uses of armed force on Ukrainian territory to be unlawful since they are all under the general crime of aggression. Furthermore, the Russian military is still committing a wide range of atrocity crimes, such as genocide, war crimes, and crimes against humanity.

At the conference, all international crimes committed in connection with the Russia’s war against Ukraine were once again strongly condemned.

Meanwhile, the media has documented real-time war crimes in Russia’s invasion, including attacks on civilian infrastructure, disproportionate force, and disproportionate use of force. The use of “vacuum” bombs and siege tactics, as well as the hint of a tactical nuclear weapon, constitute war crimes.

In February 2022, the U.N. Human Rights Monitoring Mission reported that there had been close to 20,000 injuries and over 10,000 civilian deaths in Ukraine. But in the now third-year conflict, neither Russia nor Ukraine admit that they are aiming their weapons at civilians.

Further discussions at the conference showed a strong commitment to restoring justice for the people of Ukraine. In keeping with this position, it was said that steps like judicial and transitional justice would be utilised to ensure that those who violate international law face consequences.

The Russian Federation’s duty to face legal repercussions for its wrongdoings against Ukraine was also acknowledged. This included a highlight of the establishment of damage registration and measures for reparation.

Also, in order to provide proof for damage claims, the Register of Damage Caused by the Russian Federation’s Aggression against Ukraine was formed.

Nonetheless, significant efforts in reestablishing justice and pursuing accountability for transnational crimes were documented, especially by Ukrainian authorities. Despite faced with some difficulties, there was a renewed commitment to sticking together in the pursuit of justice for Ukraine.

Economic sanctions, others argue, will be used to force Russian forces out of Ukraine and restore sovereignty. Gradual relaxation of restrictions may be successful, as seen with former leaders like Slobodan Milosevic. But experts say this approach is dangerous for Russian fugitives.

On the questions of whether Russia will be made to pay reparations, Council on Foreign Relations (CFR) reported that the massive property damage and further monetary losses will underscore Russia’s obligation to eventually finance Ukraine’s rehabilitation and provide compensation to its citizens.