War crime, crime against humanity, genocide: What's the difference?
PARIS, France — Russia is accused of war crimes in Ukraine, with the claims growing louder following the discovery of dozens of bodies in areas recently retaken from Russian forces near the capital Kyiv.
Ukrainian President Volodymyr Zelensky has accused Moscow of attempted "genocide" over the findings and labelled the bloody siege of the southern port of Mariupol a "crime against humanity".
We take a look at the different categories of the most serious crimes known to man, which the International Criminal Court (ICC) in The Hague was set up to prosecute.
Neither Russia nor Ukraine are parties to the ICC but Ukraine has accepted the court's jurisdiction for alleged crimes committed on its soil since Russia's invasion of Crimea.
The ICC's chief prosecutor opened a probe into possible war crimes in Ukraine on March 3.
What is a war crime?
War crimes are serious violations of international law against civilians and combatants during an armed conflict.
The parameters of what constitutes such a crime are set out in Article 8 of the 1998 Rome Statute that established the ICC.
It defines them as "grave breaches" of the 1949 Geneva Conventions covering more than 50 scenarios, including killing, torture, rape and the taking of hostages as well as attacks on humanitarian missions.
It also covers deliberate attacks on civilians or "towns, villages, dwellings or buildings which are undefended and which are not military objectives" as well as the "deportation or transfer of all or parts of the population" of an occupied territory.
What is a crime against humanity?
The notion of such a crime was first laid down on August 8, 1945, and codified in article 7 of the Rome Statute. It involves "a widespread or systematic attack directed against any civilian population" including "murder" and "extermination" as well as "enslavement" and "deportation or forcible transfer."
Crimes against humanity can occur in peacetime and include torture and rape and discrimination, be it racial, ethnic, cultural, religious or gender-based.
What is genocide?
Genocide as a legal concept dates back to the Nuremburg trials of Nazi war criminals, with Polish-Jewish lawyer Raphael Lemkin coining the term to describe the Nazi extermination of six million Jews.
The crime of genocide was formally created in the Genocide Convention of 1948 to describe "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group".
Genocide is a "very specific international crime" which is difficult to prove, says Cecily Rose, professor of international law at the University of Leiden in the Netherlands, noting that it demands proof of the "mental motivation" behind it.
Newcomer: crime of aggression
The ICC added a crime of aggression to its remit in 2017 to includes attacks on "the sovereignty, territorial integrity or political independence" of another country.
The offence aims to ensure that political and military leaders be held accountable for invasions and other major attacks but cannot be used against the dozens of ICC members that have not recognised the court's jurisdiction for the crime.
The ICC also cannot indict the leader of a country that is not a member of the ICC for the crime of aggression.
Legal experts say that bringing such a case against Russia may require the establishment of a special tribunal.
President Volodymyr Zelensky on Saturday secured Turkey's crucial backing for Ukraine's NATO aspirations after winning a US pledge for cluster munitions that could inflict massive damage on Russian forces on the battlefield.
Washington's decision to deliver the controversial weapons — banned across a large part of the world but not in Russia or Ukraine — dramatically ups the stakes in the war, which entered its 500th day Saturday.
Zelensky has been travelling across Europe trying to secure bigger and better weapons for his outmatched army, which has launched a long-awaited counteroffensive that is progressing less swiftly than Ukraine's allies had hoped. — AFP
Washington's decision to supply Ukraine with ATACMS long-range missiles is "a grave mistake", Russian ambassador to the United States Anatoly Antonov says Wednesday.
"The White House's decision to send long-range missiles to Ukrainians is a grave mistake. The consequences of this step, which was deliberately hidden from the public, will be of the most serious nature," he says in a statement. — AFP
President Vladimir Putin says Sunday that Russian forces had made gains in their Ukraine offensive including in Avdiivka, a symbolic industrial hub.
"Our troops are improving their position in almost all of this area, which is quite vast," he says in an interview on Russian television, an extract of which was posted on social media on Sunday. "This concerns the areas of Kupiansk, Zaporizhia and Avdiivka." — AFP
The regional governor says debris from a drone destroyed over the Russian region of Belgorod, which borders Ukraine, fell on homes and killed three people, including a young child.
The air defense system "shot down an aircraft-type UAV (unmanned aerial vehicle) approaching the city", says Governor Vyacheslav Gladkov, adding that the falling debris destroyed several homes.
"Most importantly, three people were killed, one of them a small child," he writes on the Telegram messaging app, accompanied by pictures of a house reduced to a pile of rubble behind red and white police tape. — AFP
Ukraine's air force says on Tuesday that it had destroyed 27 of 36 Russian attack drones overnight in the south of the country.
Ukrainian forces downed 27 "Shahed-136/131" drones in the southern Kherson, Mykolaiv and Odesa regions, the air force said on the messaging platform Telegram.
In all, Moscow had launched 36 of the Iranian-made drones from the Crimean peninsula, which Moscow annexed in 2014, it says. — AFP
The Kremlin claims on Friday Russian forces never targeted civilian infrastructure after Ukraine blamed Moscow for a missile attack that killed over 50 people in the eastern village of Groza.
"We repeat that the Russian military does not strike civilian targets. Strikes are carried out on military targets, on places where military personnel are concentrated," Kremlin spokesman Dmitry Peskov says in his daily briefing. — AFP
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