What is Putin’s role in the Ukraine war and its consequences for Russia?

admin@ March 4, 2022 0 Comments

Putin’s actions, indiscriminately bombing civilian populations, universities, public shopping centers to kill civilians, children, adults, the elderly, men and women, entire families creating total terror, bombing nuclear plants to create human catastrophe, these are crimes against humanity.

These actions by Putin are considered crimes against humanity, because these acts are clearly heinous of an inhuman nature, which are part of his widespread and systematic attacks against the civilian population of Ukraine, committed by Putin’s army to implement his policies of a Communist State.

These crimes against humanity are part of the four classes of crimes that the United Nations considers to be of greatest importance to the international community, along with the crime of genocide, war crimes and the crime of aggression. Crimes against humanity committed against civilian populations include a range of crimes against the person, such as murder, slavery, rape and other acts of serious violence, forced population exodus, torture, arbitrary detentions, disappearance forced, the persecution of certain groups of the Ukrainian population, in general all those acts committed with the intention of causing great suffering and seriously attacking the physical integrity, mental and physical health of the victims.

In 1968 the Convention on the imprescriptibility of war crimes and crimes against humanity was approved. Several countries have established that these crimes cannot be subject to amnesty, or other forms of attenuation of the responsibilities established by law.

For the prosecution of crimes against humanity, there is the principle of universal jurisdiction according to which any State can criminally prosecute and sentence its perpetrators, regardless of the place where these crimes were committed, because by its very nature, the affected party is the international community and all humanity as such. Despite this, in many cases the defendants and the countries to which they belong have successfully invoked the inapplicability principle to their cases. But in 1998 the International Criminal Court Tribunal (ICC) was created, with the function of prosecuting crimes against humanity, genocide, war crimes and the crime of aggression.

According to the principle of complementarity, the jurisdiction of the ICC is concurrent with that of the national States. The procedural gravity factor is that ICC does not have the adherence of the main military powers of the world, such as the United States, Russia and China.

The principle of complementarity is the legal mechanism that establishes the interaction of the International Criminal Court with national jurisdictions. The Rome Statute contemplates in the tenth preambular paragraph, as well as in its article, that the International Criminal Court will have a complementary character to the national jurisdictions. This means that the ICC Court will not be an exclusive jurisdiction; Thus, it will not be the only court that can hear the international crimes provided for by the Rome Statute. In this sense, the Statute itself contemplates that it will be the national criminal jurisdictions that will have formal primacy to hear said crimes.

So the question that we present here by Human Rights Commission of the AICAC-HR through its president, Dr. Humphrey Humberto Pachecker, is the following and with total foundation: What do the NATO countries are waiting, which includes 30 countries, among which are powers such as the United States, Canada, France and the United Kingdom including Austria, Finland, Ireland and Austria, these last four that are not members of NATO, but are members of the European Union, also Switzerland, a country historically neutral, countries that have joined the sanctions against Russia showing their support for Ukraine, what is preventing them now to take Putin to national and international criminal jurisdictional courts at the same time, for war crimes and crimes against humanity?