THE crimes they go “prosecuted and the authors punished hardeven if it will be a long and very difficult process“. This was stated by the Adnkronoslawyer Marco Valerio VerniHead of the Law area of ’Online Defense’, speaking of conflict in Ukraine and of violations of international humanitarian law.
“Once a conflict has broken out, regardless of their responsibility for it, all parties involved in it however, they will be held at compliance with certain standardsso much so that both the party who attacked and the attacked party – said the lawyer Verni – Having said that, given that the general rule is that only members of the regular forces of the States can be involved in the relative war operations opposed, as long as, by surrender or because, perhaps, wounded, they decide not to take part in the hostilities anymore, and hit only the military objectives, in the conflict in question they would seem several violations specifications: fromkilling of civilians (resulting in the macabre discovery, apparently, of mass graves), the destruction of their goods, al bombing from kindergartens and hospitalsat sexual violenceusing prohibited weaponslooting, starving the population, to name but a few “.
“The use of the conditional is a must because, beyond the opposite propagandait will be later task of the different jurisdictions (national and international) to ascertain what happened “, observes the lawyer Verni giving some examples:” If, in general, it certainly is forbiddenand therefore a crime, bomb a school or a hospitalall the more so if with people inside, the whole could take on one different connotation if it is ascertained that, in an equally prohibited manner, inside them there were not civilians, but gods enemy militaryand that those places were used as logistical bases“.
If it is true, continues the lawyer, “that the civilian population cannot be the object of military actions, it is equally true that it, in turn, should not participate in hostilities, unless it is organized into resistance corps whose members conform to the requirements of membership, visibility and respect for international humanitarian law, and being considered, at that point, legitimate combatants in all respects. One thing is certain: if crimes have been committed, and unfortunately, inevitably, this happens in every war, they must be prosecuted and the perpetrators punished harshly, even if it will be a long and very difficult process “.
On the possible path to get to a indictment of Russian President Vladimir Putinthe lawyer Verni underlines: “The Chief of the Prosecutor’s Office of the International Criminal Court has already started collect useful material for evidential purposes, to bring the Russian president to trial, but the road is by no means easyon the contrary: there are several technical obstacles to be faced, from the consequences deriving from the jurisdiction issue of the same Court (neither Russia nor Ukraine acceded to the Treaty establishing the same, although the second, with two declarations in 2014 and 2015, substantially accepted its competence to investigate any crimes committed on its territory starting from February 20, 2014 and without a final time limit), to the fact that, in front of it, no judgment can take place ‘in absentia’ie in the absence of the accused on duty “.
“In this case, it would be Putin, but obviously it would be necessary to arrest him, which, at least at the moment, seems rather difficult. But I repeat: if we are talking about violations of international law, it seems undoubted than the Russian president have responsibilitieshaving assaulted Ukraine, in violation of the UN Charter – observes – But if you enter, then, in the context of internal conflict lawfor what I said before, the investigations should be carried out a all round, however unpleasant this statement may seem to most people “.” In any case, in addition to the aforementioned Court – concludes the lawyer – they will be able to express themselves, each in their respective fields and profiles, also the European one of human rights, and the international one of justice. But, in all cases, the times will be long and the related activities certainly a lot difficult. On the other hand, it is certainly not clear now that international justice also had limits “.