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Ukraine declared a ‘crime scene’ as investigation into Russian atrocities begins

Forensic investigators began the laborious task of proving either genocide, crimes against humanity, war crimes, or crimes of aggression. Here’s how they’ll do it. WARNING: GRAPHIC.

Mass grave in Bucha dug up as evidence of war crimes mounts

The entire country of Ukraine has been declared a “crime scene” as the investigation into alleged atrocities by Russia’s invading army formally begins.

As tens of thousands of Ukrainians fled their country in advance of a fresh assault to the east, war crimes prosecutors visited sites of civilian killings to begin the laborious process of proving the charges of crimes against humanity or genocide in The Hague’s International Criminal Court.

The court’s chief prosecutor Karim Khan visited Bucha — synonymous with atrocities against civilians discovered – after Russian forces retreated from the Kyiv suburb to reposition for an assault in the east.

“Ukraine is a crime scene,” Mr Khan, told reporters in Bucha. The Hague-based court investigates and prosecutes war crimes, crimes against humanity, and genocide.

Members of the exhumation team work on a mass grave in Bucha as prosecutors begin investigating allegations of war crimes: Picture: Getty Images.
Members of the exhumation team work on a mass grave in Bucha as prosecutors begin investigating allegations of war crimes: Picture: Getty Images.
Members of the exhumation team work on a mass grave in Bucha as prosecutors begin investigating allegations of war crimes: Picture: Getty Images.
Members of the exhumation team work on a mass grave in Bucha as prosecutors begin investigating allegations of war crimes: Picture: Getty Images.
Members of the exhumation team work on a mass grave in Bucha as prosecutors begin investigating allegations of war crimes: Picture: AFP.
Members of the exhumation team work on a mass grave in Bucha as prosecutors begin investigating allegations of war crimes: Picture: AFP.

“We’re here because we have reasonable grounds to believe that crimes within the jurisdiction of the court are being committed,” he added, promising to “follow the evidence” as forensic teams began their work.

The Court’s founding treaty, called the Rome Statute, grants the ICC jurisdiction over four main crimes: “Genocide”, “crimes against humanity”, “war crimes”, and the “crime of aggression”.

Bucha officials say more than 400 people were found dead after Moscow’s forces withdrew, with 25 reported rapes.

Mr Khan spoke at St Andrew’s Church where forensic investigators were exhuming some of the bodies buried in mass graves.

The bodies were placed in the trench behind the church after being found strewn along the road as Ukraine forces re-entered the town.

Ukraine's Prosecutor General Iryna Venediktova and Prosecutor of the International Criminal Court, Britain's Karim Khan, visit a mass grave in Bucha. Picture: AFP.
Ukraine's Prosecutor General Iryna Venediktova and Prosecutor of the International Criminal Court, Britain's Karim Khan, visit a mass grave in Bucha. Picture: AFP.
Ukraine's Prosecutor General Iryna Venediktova and Prosecutor of the International Criminal Court, Britain's Karim Khan, visit a mass grave in Bucha. Picture: AFP.
Ukraine's Prosecutor General Iryna Venediktova and Prosecutor of the International Criminal Court, Britain's Karim Khan, visit a mass grave in Bucha. Picture: AFP.

US president Joe Biden accused Russia of committing “genocide” in Bucha, adding that the International Criminal Court’s prosecutors would decide whether or not it qualifies the technical threshold of genocide.

“But it sure seems that way to me,” he said.

Genocide: The most severe crime is characterised by the specific intent to destroy a national, ethnic, racial or religious group, according to the ICC.

“By killing its members or by other means,” the legal definition states. “Calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group.”

Crimes against humanity: These are “serious violations”committed in a large-scale attack against any civilian population. The 15 forms of crimes against humanity include murder, rape, imprisonment, enforced disappearances, enslavement, sexual slavery, torture, apartheid and deportation.

War crimes: Breaches of the Geneva conventions during an armed conflict include the use of child soldiers; the killing or torture of civilians or prisoners of war; and intentionally attacking hospitals, historic monuments, or buildings dedicated to religion, education, art, or science.

Crime of aggression: The use of armed force by a State against the sovereignty, integrity or independence of another State.

What complicates efforts to prosecute the crimes, however, is that the three largest countries – the US, China and Russia, are not members of the ICC.

Vladimir Putin has called the Bucha claims “fake”, with the Kremlin alleging it was a “monstrous forgery” staged by the British.

In the fog of war, where each belligerent army has motivation to spread propaganda beneficial to their military goals, neither claims are taken at face value to be true.

But Mr Khan said they need to clear through that fog to find the truth and bring whoever is responsible to justice.

The court is investigating more than 6,000 criminal cases against Russian troops since the start of the invasion.

Ukraine's Prosecutor General Iryna Venediktova and Prosecutor of the International Criminal Court, Britain's Karim Khan, visit a mass grave in Bucha. Picture: AFP.
Ukraine's Prosecutor General Iryna Venediktova and Prosecutor of the International Criminal Court, Britain's Karim Khan, visit a mass grave in Bucha. Picture: AFP.

Meanwhile, the Organisation for Security and Co-operation in Europe said Russia had engaged in “clear patterns of international humanitarian law violations.”

North of Bucha in Gostomel, locals exhumed the body of Mayor Yuriy Prylypko, whom authorities said was shot while “handing out bread to the hungry and medicine to the sick.” Up to 400 people are unaccounted for in the town, said regional prosecutor Andiy Tkach.

Dozens of body bags filling a refrigerated lorry trailer, as two others awaited more corpses.

“Our citizens are murdered and we must bury every person in the right way,” said Igor Karpishen, loading the truck.

“I don’t have any words to express these feelings.”

Russian troops shot dead six men and one woman in a home in a village near the frontline in southern Ukraine and then blew up the building to hide the evidence, Ukrainian prosecutors said on Wednesday.

“On April 12 in the village of Pravdyne, Russian soldiers shot dead six men and one woman in a residential home. After this, intending to hide their crime, the occupiers blew up the building with the bodies,” prosecutors said in a statement.

With AFP.

Originally published as Ukraine declared a ‘crime scene’ as investigation into Russian atrocities begins

Original URL: https://www.dailytelegraph.com.au/news/world/ukraine-declared-a-crime-scene-as-investigation-into-russian-atrocities-begins/news-story/cea5bd41c7db6e4e8076ac901fe6dd0d