As the war drags on and evidence of atrocities mount, Ukraine seeks international justice. Simon Shuster (shustry) reports
n the office of Andriy Smyrnov, the deputy head of Ukraine’s presidential administration, the wanted posters spread across the desk serve as a kind of mission statement. They show the faces of five Russian officials, led by President Vladimir Putin, next to a list of the charges Ukraine has leveled against them: aggression, war crimes, crimes against humanity.
None of these developments are likely to achieve justice as Zelensky, Smyrnov, and their team have envisioned it. The ICC’s warrant will be toothless unless Putin travels to a country willing to arrest him, and the U.S. plan for an “internationalized national court” remains vague; some legal experts say it would be easy for Putin to sidestep or ignore. But it all feels like a breakthrough to Smyrnov and his colleagues.
Under international law, the Security Council can create a tribunal to prosecute war crimes, as it did after the wars in Yugoslavia and Rwanda in the 1990s. But that would not work in the case of Ukraine, because Russia, as a permanent member of the Security Council, holds a veto over all its rulings. As they looked for an alternative, Smyrnov and his team found themselves studying the Nuremberg trials of Nazi war criminals and reviewing evidence from crime scenes and mass graves around Ukraine.
But who would give authority to such a tribunal? Ukraine decided to seek it from the 193 member states of the UN General Assembly; unlike the 15-member Security Council, Russia holds no veto there. Through the spring and summer of 2022, Smyrnov and his colleagues appealed to dozens of foreign countries and international institutions for support. But the talks were often frustrating.
An orphan sleeps in their crib at the Kherson Regional Children’s hospital on Nov. 26, 2022 in Kherson, Ukraine. The hospital staff cared for a group of 10 orphans after hearing about the mass deportation of Ukrainian children to Russia.In January, the European Parliament voted 472 to 19 to support a tribunal’s creation. The vote was symbolic, but it gave Kyiv hope that momentum might turn its way at the UN General Assembly, where Ukraine could count on only a few dozen votes.
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