Call it War Crimes and Genocide
Russia's cruelty for cruelty's sake demands more than economic deterrence
Thanks to K. Goodwin for editing and fact-checking this article.
Russia’s invasion of Ukraine has reached a new cruel, horrific point. Gone are the days where Ukrainian Grandmas could tell Russian soldiers to put sunflower seeds in their pockets; or young Russian conscripts surrendering and claiming they had no knowledge that their convey was destined for Kyiv. The heroism of Ukrainians is extraordinary; their bravery in the face of the ongoing war crimes is staggering.
For those who are unaware of the atrocities in Bucha, this is a short explainer from Franklin Foer of The Atlantic while the Washington Post’s podcast has a short episode on ‘How many more Buchas are there?’ Lastly here is the extremely graphic video which President Zelensky showed to the United Nations Security Council on 5 April.
The Russians commit horrendous atrocities that must result in ubiquitous diplomatic downgrades. These are not isolated incidents, either, but a pattern of terror being executed across Ukraine. Mass graves in Bucha reveal citizens riddled with bullet holes with hands tied, lying with less than peaceful expressions, their bodies disregarded like street rubbish. One now famous image features a dog sitting faithfully next to his murdered owner. Other animals, however, have not been spared the torture. Dead horses, dogs, and other pets have clear signs of brutal murder; a fate that they have no understanding of or way to control. Ample indications signify a campaign of cruelty for cruelty’s sake Russian soldiers are enacting. Evidence of mass rape have also arisen in Bucha and Mariupol. A photo from Bucha shows a duct-taped, dead, and raped three-year old girl laying on the lap of her dead and raped 17-year old sister. Both of their lives were nothing better than rags to Russian soldiers. Evidence of rape exists amidst murdered civilians in the mass graves and survivors who have made their way to hospitals.
There may not be a word strong enough in the English language to describe the filthy savagery on display; ‘wholly bereft of humanity’ may start to get close.
Meanwhile, western nations have yet to respond in action, although it may soon be coming. President Joe Biden has repeatedly called Putin a war criminal and would support charges against Russia in The Hague. The European Union passed new sanctions on 6 April, targeting oligarchs and their families while halting the import of Russian coal and some machinery parts. U.S. officials have also edged Russia towards default, blocking the payment of debt with U.S. dollars.
Yet, as I type this, Russia retains a seat on the United Nations Security Council and was allowed to actively spread misinformation, responding to Ukraine’s ministers by calling for the UN to condemn Ukraine for blocking Russia’s humanitarian aid. The statements from Russia are not only false, but an outrageous farce of the UN. Allowing Russia’s continued existence as a diplomatically viable country might be the biggest diplomatic failure of the UN, EU, and United States.
Cutting off all communication with Russia would, of course, be reckless; especially with regards to the nuclear strike threatens Putin and Kremlin intellectuals have made. Yet, now is the time for diplomatic creativity, and treating Russia like a nation-state that allied nations are at war with, without actually declaring war, might be the diplomatic step needed to put additional leverage against Russia.
Downgrading Russian diplomatic relations and treating the Kremlin as a nation engaged in genocide in Ukraine adds geopolitical weight to those charges, giving diplomats extra flexibility to fully explore the full capabilities of The Hague. Enacting a human rights tribunal, however, is particularly difficult for the obvious reasons; those accused go to the greatest lengths to deny allegations and ignore charges. By pre-emptively downgrading the Kremlin and institutionally opening an investigation into the Russian leadership, diplomats in allied nations have political legitimacy to deliver a unified case to convince countries, such as India, who have not sanctioned Russia to join in sanctions. A formal investigation from The Hague gives western politicians room to also use more critical language and take formal steps in uncovering atrocities committed by Russian forces. Moreover, that language may turn into more powerful economic sanctions that force additional private businesses to end exports from and imports into Russia. Regulators may also get the extra push to re-regulating energy controls — specifically Uranium imports needed for nuclear energy — and shift towards energy alliances with allied countries.
Using The Hague as intended is the inevitable next step of the conflict to stop Russian aggression. These steps are also necessary to fully deter other nations from brutal aggression; especially force China to reconsider military actions on Taiwan through legal and political precedent for diplomatically downgrading nations and bringing human rights investigations through The Hague.
Notably the drawback of The Hague lies within the fact neither the Russians or Ukrainians are member countries of the ICC. There is no precedent for Ukraine suddenly joining, and thus it relies on the behest of other nations to establish a human rights tribunal. Moreover, the ICC cannot try Russian war criminals in absentee; they must be arrested and present, and thus any such tribunal is likely to go beyond an investigation.
That does not mean this is a futile exercise, however. Ukrainians have suffered several incidences of war crimes in the span of the last decade; from the Russian Civil War to starving under Stalin and being stuck between the Soviet Empire and Nazi Germany in World War II. Extend Ukrainian history back another century, and a number of crimes against their country’s people occurred under the Tsarist Russian Empire. Putin’s Russia, meanwhile, has acted with impunity in Georgia, Chechnya, Africa, and Syria. The west blinked on during those conflicts and allowed a military operating under the eye of Putin’s Proud Tower to build confidence in their ability to wage a Machiavellian War.1
While The Hague may be unable to secure a verdict or enact the needed justice on Russian leadership, the step to investigate will be more than symbolism. An actual investigation will provide the public information on Russia’s brutal war tactics and set a precedent for this occurring again; because it will occur again unless functional power is given to the side of justice, and diplomats do not have to beholden themselves to damnable ‘centrist’ diplomacy. Now is the time to use that tool and open up a new history of diplomatic power. Ukrainians cannot wait much longer.
For those who have not read Barbara Tuchman’s Sequel to The Guns of August, I strongly recommend to go read The Proud Tower: A Portrait of the World Before the War, 1890-1914.