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Home / New Zealand

Russia Ukraine war: NZ supports international call for war crimes accountability

Michael  Neilson
By Michael Neilson
Senior political reporter, NZ Herald·NZ Herald·
20 May, 2022 03:51 AM5 mins to read

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The International Criminal Court's prosecutor has put combatants and their commanders on notice that he is monitoring Russia's invasion of Ukraine. Photo / AP

The International Criminal Court's prosecutor has put combatants and their commanders on notice that he is monitoring Russia's invasion of Ukraine. Photo / AP

Retraction: Two articles that were published on our website on 17 and 20 May 2022, respectively, incorrectly stated that Alexsandr Abramov is the current "chairman of Evraz" and "the target of sanctions worldwide, including Australia and the United Kingdom".
Mr Abramov has resigned as a director of Evraz and is not the subject of sanctions anywhere in the world aside from Australia.
NZ Herald apologises for this error and has updated the articles accordingly.

New Zealand has joined international partners in calling for accountability for alleged Russian war crimes during its invasion of Ukraine.

Ukraine has so far identified more than 10,000 possible war crimes committed by Russia.

A 21-year-old Russian soldier pleaded guilty to killing an unarmed civilian this week in the first war crimes trial in Ukraine since the war started.

NZ Attorney-General David Parker has joined his counterparts in the United States, United Kingdom, Australia and Canada - the "the quintet of Attorneys-General" - in issuing a statement of support for Ukraine's Prosecutor-General and investigations and prosecutions for crimes committed during the Russian invasion.

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"The Attorneys-General of the United Kingdom, the United States of America, Australia, Canada, and New Zealand join in support of Prosecutor-General Iryna Venediktova, her Office, and the Ukrainian people in ensuring accountability for war crimes committed during the Russian invasion," the statement read.

"We support the pursuit of justice by Ukraine and through other international investigations, including at the International Criminal Court, the United Nations, and the Organisation for Security and Cooperation in Europe, and in our own jurisdictions, in order to the ensure prompt, fair and effective investigation and prosecution of such offences under Ukrainian, domestic or international law.

"We join in condemning the Russian Government for its actions and call upon it to cease all violations of international law, to halt its illegal invasion and to cooperate in efforts to achieve accountability.

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"We look forward to working together with the Prosecutor-General and her office to ensure every perpetrator faces justice."

Cartoon by Rod Emmerson
Cartoon by Rod Emmerson

US President Joe Biden and UK Prime Minister Boris Johnson have both accused Russia of carrying out war crimes in Ukraine and called President Vladimir Putin a war criminal.

Prime Minister Jacinda Ardern and Foreign Affairs Minister Nanaia Mahuta have both said evidence was emerging of war crimes, but have so far held off calling Putin a war criminal.

Potential instances include what appeared to be evidence of the deliberate killing of civilians in Bucha, a town on the outskirts of Kyiv, and other nearby areas, found by investigators and journalists.

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Ukrainian forces have also said they found mass graves and evidence civilians had been killed after their feet and hands were bound.

A Russian airstrike on a theatre Mariupol is considered to have been the first confirmed location of a mass killing. The word "children" was written in giant letters outside the building.

Ukraine has also called Russia's airstrike on Mariupol's hospital a war crime.

The International Criminal Court (ICC) and the International Court of Justice (ICJ) both have roles in upholding the current rules of war.

The ICJ rules on disputes between states, and Ukraine has begun a case against Russia.

However, even if the ICJ ruled against Russia, the UN Security Council (UNSC) would be responsible for enforcing the decision, and Russia - one of council's five permanent members - could veto any proposal.

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The ICC, which investigates and prosecutes individual war criminals, has sent a team of investigators and forensics experts to the country. Its chief prosecutor British lawyer Karim Khan QC says he thinks there is "a reasonable basis to believe war crimes have been carried out in Ukraine".

However, Russia is not even a member of the court, and would be unlikely to extradite any suspects.

The UN Security Council could ask the ICC to investigate this offence. But again Russia could veto this.

Some experts have called for a one-off tribunal to prosecute the crime of aggression in Ukraine.

New Zealand's response to the invasion has included economic and military support for Ukraine alongside a range of sanctions, including hundreds of individuals and targeting Russian President Vladimir Putin and his "cadre of warmongers".

New Zealand also provided $500,000 for the ICC and ICJ to support its investigations.

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This week Mahuta revealed the Government was considering sanctioning Russian billionaire oligarch Alexsandr Abramov - who has been linked to Putin - but had to work through how it would affect New Zealanders

Mr Abramov is co-founder and was former chairman of Russian London Stock Exchange listed international steel producer Evraz, which has assets in Russia and has an estimated net worth of more than $10 billion (according to Forbes).

While Mr Abramov has been the target of sanctions in Australia, he has so far escaped personal attention here despite owning a luxury retreat in Helena Bay, worth an estimated $50m.

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