This week, people across the world have seen pictures of the horrible consequences of Russia’s war in Ukraine in the cities of Bucha, Irpin, and Hostomel, with cities destroyed, civilians killed and sexual violence committed against Ukrainian women.

Sweden has reacted immediately.

The Swedish Prosecution Authority has launched an investigation into war crimes with the aim of securing evidence that could be used in future legal proceedings, either in Sweden or in the International Criminal Court (ICC). In addition, Sweden’s Prime Minister, Magdalena Andersson, has pledged to provide financial support and legal expertise in a future ICC investigation.

“The terrible images of destruction and reported executions of civilians in Bucha, Ukraine in wake of Russian aggression are reminiscent of darkest scenes from European history,” she said in a tweet.

“Attacks against civilians, executions, and rape are war crimes,” tweeted Ann Linde, Sweden’s minister of foreign affairs. “Those responsible must be held to account.”

Sweden’s support for the ICC shows that supporting legal processes, as well as military and economic support, can be a way of countering Russian aggression. 

International law, which is often unsatisfyingly slow and frequently criticized for being toothless, has shown itself to be surprisingly effective.

Since the annexation of Crimea and the occupation of Eastern Ukraine in 2014, dozens of legal proceedings have been launched and are pending against Russia in international courts, alleging that, firstly, armed conflict between nations took place in Eastern Ukraine, and secondly, that Russia has had effective control over Crimea since 2014.

Yet Russia has made brazen attempts to assert that it is fully in compliance with the rules and norms of international law. 

Readers of The Local will hardly need reminding of the full-scale war Russia has been waging in Ukraine since 24 February 2022.

Russian actions against Ukraine represent an unprecedented violation of international law and human rights, including:

• the invasion of Ukraine’s sovereign territory
• the kidnapping and killing of civilians
• the destruction of residential areas
• the targeting of humanitarian corridors and of historical and cultural objects
• and even the threat of nuclear weapons

Unfortunately, all these facts have been confirmed. 

These violations are so serious and so obvious that from the first weeks of the war, Russia has been the subject of several new proceedings in international courts.

Whereas typical processing times are measured in months or even years from the start of proceedings to a decision, in one example it took less than a week from the day Ukraine submitted its application for a court to reach an interim decision. 

So what are the main proceedings currently underway against Russia following its invasion of Ukraine?

1. International Court of Justice (“ICJ”).

On 26 February 2022, Ukraine filed a lawsuit against Russia at the ICJ under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”). On 16 March 2022, the ICJ ordered Russia to: i) immediately suspend the military operations it commenced on 24 February 2022 in Ukraine, and ii) ensure that nobody, including any military or irregular armed units, take any steps in furtherance of the military operations.

What does it mean? It means that ICJ is convinced that:

• Russian troops are in the territory of Ukraine;
• Russian troops initiated and are conducting prohibited military operations against Ukraine; and
• Russian troops must leave the territory of Ukraine.

It goes without saying that Russia is currently in breach of the ICJ’s order.

2. International Criminal Court (“ICC”).

On 28 February 2022, the ICC prosecutor Karim A.A. Khan QC decided to investigate alleged Russian war crimes (targeting of civilians, infrastructure, or property) and crimes against humanity (widespread or systematic attacks directed against a civilian population) occurring in Ukraine. The ICC was spurred into action following referrals from ICC member states urging an investigation, with 41 member states submitting referrals as of 14 March 2022.

What does it mean? Almost 50 states have made referrals (including Sweden) to the ICC about allegations of the most serious violations of international law: war crimes and crimes against humanity.  

3. European Court of Human Rights (“ECHR”).

It took less than 24 hours for the ECHR to react, from the day Ukraine applied for help in relation to “massive human rights violations being committed by Russian troops in the course of the military aggression against the sovereign territory of Ukraine”.

On 1 March 2022, the ECHR confirmed that Russian military action gives rise to a real and continuing risk of serious violations of human rights, protected by the European Convention on Human Rights, in particular:

• the right to life;
• prohibition of torture and inhuman or degrading treatment or punishment; and
• right to respect for private and family life.

What does it mean? In less than 24 hours, the court’s judges concluded that Russia had started a military operation in Ukraine that violated basic human rights.

What else can be done?

International courts are starting legal proceedings in the most efficient ways, and Sweden is showing an example by providing strong support for Ukraine. But to prevent more crimes, more actions are needed, including but not limited to:

1. Supporting, by all possible means, efforts to investigate and prosecute the ongoing crime of genocide, war crimes, and crimes against humanity.
2. Intensifying sanctions against Russia and Belarus, including but not limited to the disconnection of all Russian and Belarusian banks from SWIFT.
3. Closing ports for Russia’s vessels or vessels hired by any Russian companies; prohibiting the leasing of vessels, providing crew services, and bunkering services to Russian entities or entities shipping goods purchased from Russian entities. 

Conclusion

Russian aggression against Ukraine has a long history and was previously considered to be simply “politics”. However, Russia’s invasion of 24th February 2022 marks a clear turning point.

It is now clear for everyone, from international legal authorities and governments to ordinary citizens with only a passing interest in politics.  Russia started an illegal war in Ukraine and is committing unprecedented violations of human rights. The second turning point is 3rd April 2022, when the world saw clear evidence of Russia committing serious war crimes against Ukrainians.

Ukrainians all over the world are grateful to Sweden and other nations for their assistance in our hour of need. Together we can stand against the most serious violations of human rights and international law. 

Olga Kuchmiienko, Ph.D.

Ukrainian citizen living in Sweden. Attorney-at-Law (Ukrainian qualified). Head of International Law Committee of Ukrainian Bar Association. Ukrainian National Bar Association Representative in Sweden

#standwithukraine