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April 9, 2022
Who was aware of these atrocities under their command and didnt take steps to stop them. they were able to chase command responsibility all the way up to putin but in that case deliberate bombing hospitals, schools, marketplaces and apartment buildings. here others will be doing a similar analysis here. whats interesting is that theres no way putin can deny knowledge of the atrocities now everybody has seen them, but the question is whats he doing about them. and rather than saying oh, my goodne...
April 5, 2022
Top levels to establish their command responsibility for the commission of these crimes. thats a very, very tough pull in an international criminal tribunal. however, in this case, vladimir putin himself keeps incriminating himself every day. he leaves footprints all over the place as to his leadership and command of this entire operation. he also is showing no evidence whatsoever of trying to prevent this criminal conduct or of punishing any russian military who do commit these crimes. and that...
April 5, 2022
Civilian areas. >> joining us is the former u.s. ambassador at large for war crimes issues. how hard a job do you think hell have in trying to find the chain of command for any war crimes or crimes against humanity that have been committed here? >> first, that was an excellent interview you had with him yesterday and very, very helpful. the difficulty will not be that difficult with respect to the top down character of this war of aggression. its clear that vladimir putin is in control. he has s...
April 5, 2022
In the end, prominent military and political leaders were brought to justice. this is the bosnian serb leader radovan karadzic. noโone thinks he killed with his own hands, but he was convicted of commissioning the crimes of others, of command responsibility, and will never be released from prison. could vladimir putin face a similarfate? only, says one prominent war crimes prosecutor, if he is charged specifically with the crime of aggression, and no international court in existence today yet ...
April 5, 2022
Were seeing in mariupol. theres no question war crimes are taking place. one of the big questions is who is responsible. certainly the people on the ground are responsible. but the international criminal court, the most likely forum to prosecute these war crimes, its going to look up the chain of command and it will look as far up as it can go. ideally you get a written order to go do this and do that, but its rare to get that kind of evidence. in terms of establishing so-called command responsi...
April 4, 2022
The targeting of facilities is taking place. this is precisely the kind of notice that you need to demonstrate command responsibilities because its rare that you get a direct order to commit a war crime. but thats not the only way to command responsibility for war crimes. if you show commanders were aware of abuses and didnt take steps to stop them, then they too are guilty war crimes. >> so on that note, ken, joe biden has repeatedly referred to vladimir putin as a war criminal. in your view, d...
April 4, 2022
Notice to the chain of command that these low-scale atrocities on the ground are taking place. they already are on notice that the indiscriminate bombardment, the targeting of facilities is taking place. this is precisely the kind of notice that you need to demonstrate command responsibility, because its rare that you get a direct order to commit a war crime. but thats not the only way to command responsibility for war crimes. if you show commanders were aware of abuses and didnt take steps to s...
April 4, 2022
Crimes be prosecuted. the simple answer to that is at the international criminal court. in this case, ukraine is giving the court jurisdiction. that means any crime committed in the territory of ukraine, even by russia, which is not a party to the court, but if that crime is committed within ukraine, the court has jurisdiction. it has jurisdiction to prosecute not simply say the low-level soldier who might have executed someone. the courts real interest is the commanders. and in order to demonst...
April 4, 2022
The precedent for holding political leaders responsible was established in 1945. this was the founding moment of international criminal law and the new concept of the crime of aggression of acquired legal force. including crimes against humanity. during the war in former yugoslavia, that concept was involved again with the setting up of the special war crimes tribunal in the hague. it took many years but in the end, prominent military and political leaders were brought to justice. this is the bo...
April 4, 2022
Consuming investigations and meticulous note taking and fact-finding that will have to be done in order to make this something and it will be, in an international criminal court. and they have to prove command responsibility and how and what was ordered in terms of what happened on the ground. and they have to prove that the soldiers, those who committed these crimes, never took due care to spare civilians. there are many aspects to go into forming this kind of legal prosecution for those kind o...