Crimes of War

When Russian troops finally retreated last spring from the town of Bucha, Ukraine, they left behind a grim scene: bodies of civilians scattered on the streets, in basements, or in backyards, many with gunshot wounds to their heads, some with their hands tied behind their backs.

Russian soldiers had been trying to advance toward Ukraine’s capital, Kyiv, but they met fierce resistance. During the five weeks they occupied Bucha, they appear to have taken out their frustration on the town’s civilian population. The evidence suggests the Russians killed recklessly and sometimes sadistically.

“They were not able to defeat our army, so they killed ordinary people,” says Nazar Havryliuk, 17, of Bucha.

The discovery of atrocities in Bucha—and other targeting of civilians in the war in Ukraine, such as Russian missile attacks on hospitals and schools—has prompted accusations of war crimes. President Biden has called Russian President Vladimir Putin “a war criminal” for his role in overseeing Russian troops.

Last Spring, Russian troops withdrew from the town of Bucha, Ukraine. What they left behind was shocking. There were bodies of civilians scattered on the streets, in basements, or in backyards. Many of the victims had gunshot wounds to their heads. Some had their hands tied behind their backs.

Russian soldiers had been trying to get closer to Ukraine’s capital, Kyiv. The fierce resistance they met along the way led them to occupy Bucha for five weeks. It appears that they took out their frustration on the town’s civilian population during that time. The evidence suggests the Russians killed recklessly and sometimes viciously.

“They were not able to defeat our army, so they killed ordinary people,” says Nazar Havryliuk, 17, of Bucha.

Beyond the brutal attacks in Bucha, Russian troops have targeted other civilians in the war in Ukraine. That includes the Russian missile attacks on hospitals and schools. This has prompted accusations of war crimes. President Biden has called Russian President Vladimir Putin “a war criminal” for his role in commanding Russian troops.

The first systematic attempt to punish war crimes resulted in the Nuremberg trials, held in Nuremberg, Germany, in the aftermath of World War II and the Holocaust. From 1945 to ’49, military tribunals prosecuted many of the leaders of Nazi Germany in a series of trials for crimes against humanity. Of the 199 defendants tried in Nuremberg, 161 were convicted; of those, 37 received death sentences.

The first organized attempt to punish war crimes resulted in the Nuremberg trials. Those trials took place in Nuremberg, Germany, in the aftermath of World War II and the Holocaust. From 1945 to 1949, military tribunals held a series of trials against many of the leaders of Nazi Germany. They faced charges of crimes against humanity. In total, 199 defendants were tried in Nuremberg. Of those, 161 were convicted; of those, 37 received death sentences.

In the 1990s, after a several-decade lull, atrocities during the breakup of Yugoslavia and the 1994 genocide in Rwanda brought the issue of war crimes back into the limelight. In response, the United Nations created the International Criminal Court (I.C.C.) in 2002 to serve as a permanent venue for holding perpetrators responsible. (The U.N. has also created special tribunals to hear some cases. And many trials take place in the court systems of the countries where the victims or alleged perpetrators live.)

The I.C.C. can investigate war crimes and two other types of crimes:

• Genocide—acts aimed at destroying a racial, religious, ethnic, or national group

• Crimes against humanity—acts including murder, rape, enslavement, torture, and forcible displacement as part of a widespread, systematic attack.

The issue of war crimes died down for several decades. That changed in the 1990s, with the breakup of Yugoslavia and the 1994 genocide in Rwanda. Both events brought the issue of war crimes back into the limelight. In response, the United Nations created the International Criminal Court (I.C.C.) in 2002.  It serves as a permanent venue for holding those accused of committing war crimes responsible. (The U.N. has also created special tribunals to hear some cases. And many trials take place in the court systems of the countries where the victims or alleged perpetrators live.)

The I.C.C. can look into war crimes and two other types of crimes:

• Genocide—acts aimed at destroying a racial, religious, ethnic, or national group

• Crimes against humanity—acts including murder, rape, enslavement, torture, and forced displacement as part of a widespread, planned attack.

War crimes investigators pursue the truth by interviewing witnesses, reviewing photos or videos, and collecting forensic evidence. Prosecutors need to prove beyond a reasonable doubt to a panel of judges or a jury that individuals knowingly committed the atrocities.

It’s not often easy. How much did a head of state know about what happened on the battlefield or personally set the events in motion? And prosecutors often find it difficult to prove intent. The bombing of a hospital may appear to be an obvious war crime, but the attacker could argue that the bombing was unintentional, or that the building housed enemy troops or weapons. Just because civilians are killed in a war doesn’t necessarily mean their enemies deliberately targeted them.

War crimes investigators search for the truth by interviewing witnesses. They also review photos or videos and collect forensic evidence. Prosecutors make their cases before a panel of judges or a jury. They need to prove beyond a reasonable doubt that individuals knowingly committed crimes.

It’s not often easy. How much did a head of state know about what happened on the battlefield or personally set the events in motion? And prosecutors often find it difficult to prove intent. The bombing of a hospital may appear to be an obvious war crime. Still, the attacker could argue that the bombing was unintentional. They could also argue that the building housed enemy troops or weapons. Just because civilians are killed in a war doesn’t always mean their enemies set out to target them.

Over the years, the U.S. has faced accusations of war crimes. In Iraq and Afghanistan, reliance on airstrikes resulted in many civilian deaths—something U.S. officials have sometimes tried to conceal. Michael Newton, a war crimes expert at Vanderbilt University in Tennessee, says accusations against the U.S. have usually amounted to tragic errors or a few rogue soldiers, not troops systematically targeting civilians.

“We’re not perfect,” Newton says of the U.S., “but we do our best to enforce the law.”

Newton points to multiple examples of U.S. authorities holding American troops accountable for wrongdoing: There were hundreds of trials during the Vietnam era, most famously of soldiers responsible for the 1968 My Lai massacre of Vietnamese civilians. (A military trial found the platoon commander guilty of murdering 22 people and sentenced him to life in prison; other soldiers involved were charged but acquitted.) American military courts convicted the U.S. soldiers who abused prisoners in Abu Ghraib prison in Iraq in 2003. When the U.S. mistakenly bombed a hospital in Kunduz, Afghanistan, in 2015, American authorities investigated and apologized.

Over the years, the U.S. has faced accusations of war crimes. In Iraq and Afghanistan, the use of airstrikes caused many civilian deaths. It’s something that U.S. officials have sometimes tried to hide. Michael Newton, a war crimes expert at Vanderbilt University in Tennessee, says accusations against the U.S. have usually amounted to tragic errors or a few rogue soldiers, not troops targeting civilians on purpose.

“We’re not perfect,” Newton says of the U.S., “but we do our best to enforce the law.”

Newton points to multiple examples of U.S. authorities holding American troops accountable for wrongdoing: There were hundreds of trials during the Vietnam era. The most famous of them was the trial of the soldiers responsible for the 1968 My Lai massacre of Vietnamese civilians. (A military trial found the platoon commander guilty of murdering 22 people and sentenced him to life in prison. Other soldiers involved were charged but found not guilty.) American military courts convicted the U.S. soldiers who abused prisoners in Abu Ghraib prison in Iraq in 2003. The U.S. mistakenly bombed a hospital in Kunduz, Afghanistan, in 2015. After the bombing, American authorities investigated and apologized.

The situation in Ukraine looks very different to experts. The U.N. has detailed a “horror story” of possible war crimes and abuses in Ukraine, including hundreds of summary executions and the widespread devastation of civilian lives.

“International humanitarian law has not merely been ignored but seemingly tossed aside,” says Michelle Bachelet, the U.N. High Commissioner for Human Rights.

Russian authorities have denied all responsibility for civilian killings and abuse in Ukraine, and Putin has falsely said the troves of evidence are made-up.

The situation in Ukraine looks very different to experts. The U.N. has detailed a “horror story” of possible war crimes and abuses in Ukraine, including hundreds of quick executions and the widespread devastation of civilian lives.

“International humanitarian law has not merely been ignored but seemingly tossed aside,” says Michelle Bachelet, the U.N. High Commissioner for Human Rights.

Russian authorities have denied all responsibility for civilian killings and abuse in Ukraine. Putin also has falsely said the mountains of evidence are made-up.

In May, a Ukrainian court obtained the first war crimes conviction of a Russian in the current war, sentencing a 21-year-old soldier to life in prison. Bringing all those responsible for war crimes to justice can take years, experts say, but it’s critical for our society to continue functioning.

“Nobody wants a world of war all the time, so what you have to do is create the conditions that are conducive to the return of actual peace,” Newton says. “And that requires having rules for how militaries behave and holding those who violate these norms accountable.”

In May, a Ukrainian court found a Russian guilty of war crimes in the first such trial of the current war. The 21-year-old soldier was sentenced to life in prison. Experts say that it can take years to bring all those responsible for war crimes to justice. But doing so helps our society to continue functioning.

“Nobody wants a world of war all the time, so what you have to do is create the conditions that are conducive to the return of actual peace,” Newton says. “And that requires having rules for how militaries behave and holding those who violate these norms accountable.”

With reporting by Carlotta Gall, Victoria Kim, and Nick Cumming-Bruce of The Times.

With reporting by Carlotta Gall, Victoria Kim, and Nick Cumming-Bruce of The Times.