2024-04-26T08:00:00+03:00 World 2024-09-15T04:28:06+03:00

Ukrainian news

Mark Ellis: I want to put it on record: I believe that Putin will face justice

Mark Ellis: I want to put it on record: I believe that Putin will face justice

Last week, Mark Ellis, a well-known American lawyer, jurist, and Executive Director of the International Bar Association (IBA), visited Ukraine. This was his 6th trip to Ukraine since the start of the war. The international community knows him as an influential expert on the International Criminal Court, an OSCE consultant on establishing the Serbian War Crimes Tribunal, and the Iraqi Supreme Tribunal. With his outstanding experience in the creation of international legal mechanisms for the trial of war criminals, Ellis is actively involved in consultations with Ukrainian lawyers on the creation of an International Tribunal for Russian crimes committed and being committed on the territory of Ukraine. Our blitz interview with the American lawyer is about the prospects of punishing Russian war criminals and, above all, Putin.

As a well-known expert on the issue of an international tribunal, do you think this is a sufficient tool to punish Russia and its leadership, along with its military personnel, for war crimes in Ukraine?

The accountability mechanism has several components. Prosecution in Ukraine is carried out by national authorities, prosecution under the laws of other countries according to the rules of universal jurisdiction, and the International Criminal Court (ICC). We hope that a special tribunal will be established to punish crimes of aggression. I believe these four modalities are reasonably sufficient to ensure that Russian criminals are brought to justice. But we need to understand that this is a long-term task. It will take time. It is also necessary for the international community to be actively involved in punishing those who have committed crimes against global peace and security. The crimes that Russia has committed against Ukraine cannot be considered to be those that concern Ukraine alone. These are crimes against the existing world order. That is why it is in the international community's interests to bring to justice all those who committed them, from the lowest levels to those who directed the crimes. This is the responsibility not only of Ukraine but also of us - the international community.

But how can they be brought to justice since Russia is unlikely to physically extradite its citizens for trial and extradite them to Ukraine?

The analogous is a coin, international justice has two sides. First, initiating proceedings against those who have committed crimes is necessary. And this is precisely what Ukrainian law enforcement agencies, as well as foreign law enforcement agencies and the ICC, are doing. We also hope that the special tribunal to punish crimes of aggression will join this approach in the future. This is extremely important. Now, let's look at the other side of the coin. I mean implementing decisions made by the relevant authorities. And here we face real difficulties. And these difficulties and mechanisms can be overcome only with political will. This is the most challenging issue, and I always remember to remind people that we must be patient. Because when it comes to international justice, there is no statute of limitations. Therefore, in the absence of such statute of limitations, those who have committed crimes can be prosecuted today, tomorrow, in a month, a year, and beyond. International justice plays the long game.

The ICC has authorized Putin's arrest. Is it possible to bring him to justice in real life, not in absentia?

I want to go on record as saying that I believe that Putin will be brought to justice. It may not be in the short term, but it will happen, and we have seen such cases in history. Violators think they are untouchable, but in the end, they end up in the courtroom. We have to be patient, and that is what will ensure that Putin is brought to justice, and he has to stand trial.

Can we expect the same for the leadership of Belarus, which facilitated the Russian invasion?

Belarus and its government are directly and indirectly linked to the crimes committed in Ukraine. I think Belarus's government and military will be the subject to justice accountability in the future. Because Belarusian government officials are linked to the invasion, there is every reason to expect charges against them.

Do you consider what Russia is doing in Ukraine to be genocide against Ukrainians? And how can this be proven in an international court?

I believe that Putin is both directly and indirectly responsible for the crimes in Ukraine. There is evidence that he made the decision to invade, which led to all the war crimes, and he is also targeted under the principle of command responsibility the group responsible. He had control over the Russian Armed Forces, and he knew what his subordinates were doing, and he did nothing to stop them. Thus, he can also be held responsible for crimes committed by his subordinates in the armed forces.

How fast will we see a trial against Putin?

The question of time is not so important - fast or not fast. The main thing is to focus on the fact that Putin will be brought to justice! Whether this happens in a year or two, or in 5-10 years, is not the primary goal; the main goal is that he will be brought to justice. Dictators very often consider themselves invulnerable to any internal changes or international forces. Still, history is increasingly showing us that changes do happen and that no dictator is as invulnerable as he thinks he is.

Can Putin be sentenced posthumously?

No, in the legal sense, but he will be condemned historically—by history, not by the court.

Do you think Ukraine has the right to confiscate Russian assets frozen in Europe and other countries in its favor? How do you see the mechanism of their confiscation?

Of course, this is the right and very important step to take. It is also important to understand that this requires not just one country to work on it, but a consolidation of countries simultaneously. For example, the creation of a register of Russian losses in The Hague is a great achievement, and as far as I know, the Council of Europe is working on a similar project. Of course, over time, Ukraine will be prosperous in this matter, and international assistance will eventually reach a point that will allow this project to be implemented. But for now, it looks like a long-term project.