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

D. L. R.  Tchobo

doi:10.32631/pb.2022.2.01

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

DOI: https://doi.org/10.32631/pb.2022.2.01

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.

References

Beltzer, B. D. (1996). “War Crimes”: The Nuremberg Trial and the Tribunal for the Former Yugoslavia. Valparaiso University Law Review, 30(3), 895-912.

Blank, R. L., & Noone, P. G. (2013). International Law and Armed Conflict, Fundamental Principles and Contemporary Challenges in the Law of War. Wolters Kluwer.

Elder, D. A. (1979). The Historical Background of Common Article 3 of the Geneva Convention of 1949. Case Western Reserve Journal of International Law, 11(1), 37-69.

Henckaerts, J. M., & Doswald-Beck, L. (2005). Customary International Humanitarian Law. Cambridge University Press.

Nizich, I. (2001). International Law Weekend Proceedings: International Tribunals and Their Ability to Provide Adequate Justice: Lessons from The Yugoslav Tribunal. ILSA Journal of International & Comparative Law, 7, 354-368.

Southwick, K. G. (2005). Srebrenica as genocide? The Krstić Decision and the Language of the Unspeakable, Yale Human Rights & Development. Law Journal, 8, 188-227.

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.

Tchobo, D. L. R. (2021, December 14). War Crimes and the Concept of “Attack” Under the Rome Statute of ICC: Ntaganda Case. SSRN. http://doi.org/10.2139/ssrn.3984495.

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.