Potential international crimes in Ukraine: should atrocities in Bucha be classified as genocide, war crimes, or crimes against humanity?

  • D. L. R. Tchobo Case Western Reserve University School of Law (USA)
Keywords: Russia’s Invasion, Ukraine, Bucha, Genocide, International Criminal Law.

Abstract

The dilemma between the root of the word Genocide and its legal meaning is affecting the international criminal justice system. The proof is that Presidents Volodymyr Zelenskyy of Ukraine and Joe Biden of the USA called the atrocity crimes observed in Ukraine “Genocide”. The purpose of this study is to examine whether the atrocities that recently occurred in Bucha could be qualified as a crime of genocide. This article substantially analyzed the meaning of the terms composing the word genocide in the context of the nature of those atrocity crimes. In this regard, it was found that there is etymologically a gap between the legal meaning of genocide and the nature of the crime in question which shields its alleged perpetrators from impunity. Thus, this paper attempted to demonstrate that the alleged atrocity crimes observed in Bucha could not be classified as genocide and then, exposed the potential international crimes committed in Ukraine.

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Author Biography

D. L. R. Tchobo, Case Western Reserve University School of Law (USA)

Doctor of Juridical Science (S.J.D.).
Adjunct Professor of Law.
Department of ICC Moot Court.

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Tchobo, D. (2022). Russia’s Invasion of Ukraine: Creating a Special Tribunal for the Crime of Aggression Would Be a Danger to the Future of International Criminal Law. SSRN. http://doi.org/10.2139/ssrn.4078759.

Tchobo, D. L. R. (2021). Human Rights in International Criminal Law: Article 53 Should be the Voice of Victims Under the Rome Statute of ICC [Doctoral Thesis, Case Western Reserve University School of Law].

Tchobo, D. L. R. (2021, December 14). The Crime of Groupicide as a New International Crime. SSRN. http://doi.org/10.2139/ssrn.3984488.

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Tchobo, D. L. R. (2022, May 4). Tribunal for the Crime of Aggression Would Be a Danger to the Future of International Criminal Law. SSRN. http://doi.org/10.2139/ssrn.4078759.

Published
2022-06-30
How to Cite
Tchobo, D. L. R. (2022) “Potential international crimes in Ukraine: should atrocities in Bucha be classified as genocide, war crimes, or crimes against humanity?”, Law and Safety, 85(2), pp. 13-20. doi: 10.32631/pb.2022.2.01.