Uncovering Russian War Crimes in Ukraine: Germany Launches Investigation

Russia's war crimes in the Kyiv Oblast

Russia’s war crimes in the Kyiv Oblast

The Clooney Foundation for Justice (CFJ), a non-governmental organization founded by Amal and George Clooney, has submitted three cases to Germany’s Federal Prosecutor’s Office to request an investigation into the alleged war crimes committed by Russians in Ukraine, as reported by Forbes on October 26th.

With the representation of 16 victims and their families, CFJ’s claims center around the crimes perpetrated by Russian soldiers during the full-scale invasion of Ukraine by the Russian Federation.

Read more: ICC may issue another arrest warrant for Putin – Ukrainian intelligence

Since the beginning of the conflict, CFJ’s project, Docket, has been gathering evidence and documenting the atrocities committed by Russian forces. The initiative includes field investigations in Ukraine and a meticulous analysis of open-source data. The evidence collected has been utilized to initiate cases in Germany using the principle of universal jurisdiction.

All three cases target Russian commanders at senior and mid-level ranks. The first case involves a missile strike in Odesa Oblast during the summer of 2022, resulting in civilian casualties. The second case pertains to the unlawful detention, torture, and execution of individuals in Kharkiv Oblast. The third case involves Russian unit commanders implicated in various violations during the occupation of Kyiv Oblast in March 2022.

If German authorities find the evidence compelling, they have the power to initiate a criminal investigation and issue arrest warrants. Arrest warrants can be enforced outside of Germany through Europol and Interpol systems. The International Criminal Court (ICC) also has the authority to issue arrest warrants for key suspects.

Read more: ICC may issue another arrest warrant for Putin – Ukrainian intelligence

Once the investigations commence, Docket will continue to provide additional evidence to German prosecutors, collaborate with Ukrainian authorities, and offer support to survivors and their families.

The involvement of courts outside of Ukraine is of utmost importance, according to Marina Slobodyanyuk, the head of the investigative department at Truth Hounds.

Despite the efforts of Ukrainian law enforcement agencies to uncover Russian war crimes, they are overwhelmed and have limited capacity to prosecute the commanders and masterminds behind these crimes. Therefore, Germany’s involvement can significantly contribute to the pursuit of justice for Ukrainian victims.

While these three cases mark the first filing in Germany based on the principle of universal jurisdiction, the Docket team is actively working on bringing forth more cases.

Read more: US decision to provide ICC with Russian war crimes evidence is historic, says prosecutor general

The CFJ Foundation has also shared evidence with the Prosecutor’s Office of the International Criminal Court to support their endeavors in holding Russia’s top leadership accountable for war crimes.

German courts have a track record of attempting to prosecute international crimes. Previously, the Federal Prosecutor’s Office of Germany launched an investigation into war crimes committed by Russia in Hostomel, Kyiv Oblast.

As of July 2023, over 10,000 civilian deaths have been

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