The United States has determined that Russia has committed “crimes against humanity” in its nearly year-long invasion of Ukraine, US Vice President Kamala Harris declared at the Munich Security Conference. Harris, a former prosecutor, noted that Russian forces had conducted “widespread and systemic” attacks on the country’s civilian population, citing as “barbaric and inhumane” the dozens of victims found in Bucha shortly after the invasion, the bombing of a Mariupol maternity hospital that killed three people, and the sexual assault of a four-year-old by a Russian soldier.
The Biden administration formally determined last March that Russian troops had committed war crimes in Ukraine and said it would work with others to prosecute offenders. This determination of crimes against humanity goes a step further, indicating that attacks against civilians are being carried out in a widespread and systematic manner. US organisations supported by the Agency for International Development (USAID) have documented more than 30,000 war crime incidents since the invasion, according to the US government. Ukrainian officials are also investigating the shelling of the city of Bakhmut this week as a possible war crime.
Russia has denied intentionally targeting civilians or committing war crimes. However, Washington hopes that its determination can help further isolate Russian President Vladimir Putin and galvanise legal efforts to hold members of his government accountable through international courts and sanctions. The UN-backed Commission of Inquiry on Ukraine has not yet concluded that the war crimes it has said it has identified amount to crimes against humanity.
The Biden administration has sought to bring alleged war criminals to justice, including training Ukrainian investigators, imposing sanctions, blocking visas and increasing penalties under US war crimes laws. Washington has spent some $40m on the efforts so far and is working with Congress to secure an additional $38m for the efforts. International legal bodies are also constrained; at the International Criminal Court, for instance, jurisdiction extends only to member states and states that have agreed to its jurisdiction, such as Ukraine but not Russia. Kyiv has been pushing for a new international war crimes organisation to focus on the Russian invasion, which Moscow has opposed.
In her remarks, Harris said that Russia was now a “weakened” country after Biden led a coalition to punish Putin for the invasion, but Moscow is only intensifying assaults in Ukraine’s east. Meanwhile, Ukraine is planning an offensive in the coming months, for which it is seeking more, heavier and longer-range weapons from its Western allies. The nearly year-long war has killed tens of thousands, uprooted millions from their homes, pummelled the global economy and made Putin a pariah in the West.
“If Putin thinks he can wait us out, he is badly mistaken,” Harris said. “Time is not on his side.” The US determination carries with it no immediate consequences for the continuing war. However, Washington hopes that it can help further isolate Russian President Vladimir Putin and galvanise legal efforts to hold members of his government accountable through international courts and sanctions. The Biden administration is committed to bringing alleged war criminals to justice and is working with Congress to secure additional funding for its efforts. Ultimately, it is up to the international community to ensure that justice is served and that those responsible for these horrific crimes are held accountable.