Prosecution for Violations of International Humanitarian Law: Russia’s Position

Abstract

Russia’s official position regarding the prosecution for violations of International Humanitarian Law (IHL) in international criminal courts changed during the 1990s and the 2000s. The article studies the reasons for these changes by reviewing works of Russian experts. The performance of the International Criminal Tribunal for the former Yugoslavia (ICTY) had a negative impact on Russia’s position. Russian experts questioned the impartiality of the ICTY and its effectiveness in preventing such crimes and reconciling the parties. Russia’s position has also changed with regard to the International Criminal Court (ICC). In 2000, the Russian Federation signed the Rome Statute that established the ICC, but withdrew its signature in November 2016. One of the reasons for that decision was the participation of Russian troops in armed conflicts outside of the Russian Federation and outside of UN peacekeeping missions. Russian experts emphasize that IHL norms are enforced primarily at the national level, which means that Russia can make its own decisions regarding criminal prosecution for IHL violations.