10/9/2024 — Ending Russian impunity: Why Ukraine needs justice as well as security

From: Atlantic Council By Kateryna Odarchenko, Lesia Zaburanna

With no end in sight to the Russian invasion of Ukraine, some members of the international community are now advocating for a negotiated settlement that risks rewarding Moscow for its aggression. The idea of offering the Kremlin concessions is dangerously shortsighted and overlooks the central importance of justice in any future peace settlement. Failing to hold Russia accountable for crimes committed in Ukraine would set a disastrous precedent for the future of international security, and would create the conditions for more war.

Since the start of Russia’s full-scale invasion, the Ukrainian authorities have been vocal about the need to document Russian war crimes and bring the perpetrators to justice. Many of Kyiv’s partners have provided extensive backing for these efforts. Meanwhile, the International Criminal Court in The Hague has initiated investigative proceedings, and has issued a number of warrants for the arrest of senior Kremlin officials including Russian President Vladimir Putin on war crimes charges. This trend is welcome and must continue. 

The pursuit of justice for Russian war crimes is not just a matter of upholding the law. It is a key component of Ukraine’s broader strategy to safeguard its sovereignty and rebuild its war-torn society. If Ukraine is unable to secure justice for the millions who have suffered as a direct result of Russia’s invasion, this could seriously weaken the legitimacy of the Ukrainian authorities and lead to the long-term destabilization of the country.

Crucially, enforcing accountability for atrocities will also send a powerful signal to Russia and the wider international community that war crimes will not be tolerated. The Russian invasion of Ukraine has sparked the largest European war since World War II, and has directly violated many of the core principles of international law. If the invasion ends in an ugly compromise that leaves Moscow unpunished, much of the progress made since 1945 will be undone.

Russia currently stands accused of war crimes in Ukraine including mass killings, deportations, torture, the systematic abduction of children, and the deliberate targeting of civilian infrastructure. However, previous generations of Russians have faced very similar war crimes accusations without ever encountering legal consequences. This has helped foster a sense of impunity in modern Russian society that has paved the way for the atrocities currently taking place in Ukraine. Addressing Russian impunity must therefore be central to any meaningful peace process.

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