Can "war crimes" be judged?

April 14, 22:40

"This is a war crime,"


criticized Western countries over the actions of Russian troops in Ukraine.


"War crimes" that violate international law have been repeated many times.


Is it possible to stop war crimes?



* A part of the situation of the city near Kieu, the capital of Ukraine, where many bodies were found after the withdrawal of the Russian army, is posted after processing some images.

A series of "war crimes"

A person who seems to have been murdered while being tied to his back.


A person who is riding a bicycle and is believed to have been shot and killed.


The situation was revealed in Bucha, a town near Kieu, the capital of Ukraine, where Russian troops withdrew.

Acts that violate the rules of international law, such as attacks on civilians, can be "war crimes," and are being investigated in international criminal courts for trial and liability.


These "war crimes" have been repeated many times in past conflicts.

I walked with my child and crossed the border

"As the battle continued, I ran away crazy with three children. When the


children were scared and cried, I had no choice but to close my mouth. Once I knew where I was


, there was no guarantee of my life."

The person who talked to me was Marie Louise, who lives in Fukushima prefecture.


She is from Rwanda, Africa.


She talks about her experience of surviving the 1994 massacre in her homeland.

It was early April of that year that my daily life changed completely.


Suddenly, there was a power outage around my house.


I have no idea what is happening outside.


There is no TV or radio.



I received a phone call from a Japanese homestay where I used to stay for training.


For the first time, I learned that the plane on which the then president of Rwanda was aboard crashed and that there was news that the battle had begun in Rwanda.



As I learned later, many people were already killed one after another in Rwanda by this time.

Three days later, the phone, which was the only means of contact, stopped working.


I felt like I was cut off from the world.



After a few days, the lights turned on.


I can now listen to the news on the radio, but all I hear is music.


Occasionally there was an announcement telling me not to go out and stay home.



I thought that if I didn't go out, I wouldn't suffer any damage.


However, about a week later, the bombs fell to four houses.


I thought it was more dangerous to stay in the house, so I decided to leave the house with my child.



If you go out into the city, it will be safe.


There will be no army and justice.



I believed so, but that expectation was easily betrayed.

As soon as I got out on the main street, I saw the body rolling around on the side of the road.


Ordinary people who didn't even have weapons were slaughtered one after another.



I wish I hadn't left home.


The person I was talking to earlier is shot in front of me.


While the Red Cross and the United Nations are watching, people are killed in front of them.


I felt angry.



The corpse is simply thrown into the truck bed, which is parked under a cliff on the road.


A young man who does nothing and has no weapons.



Even if I tell you to stop, I have no ears to hear when I am in a war.


People in the fighting area are killed indiscriminately.



If you know your existence, you must be killed.


Feeling that way, I continued walking in search of safety.



It was late April that I ran away from my house with my children.


It was July when I continued to move while hiding myself and arrived at a refugee camp in a neighboring country.



I still remember it vividly 28 years later.


I will never forget one.

A scene that overlaps with 28 years ago

The Rwandan genocide that began in April 1994.


In the wake of radio broadcasts, the majority Hutu murdered the minority Tutsi, who had been neighbors until yesterday.

The targets of the slaughter were not limited to the Tutsi tribe, but also to those who were hidden or who tried to stop the slaughter.


Such days continue for about 100 days, and it is said that more than 800,000 people have been killed.

Twenty-eight years after that, Mr. Marie Louise says that she feels deep anger and helplessness that Russia's military invasion of Ukraine has repeated the same scene as at that time.

Ms. Marie Rwanda


"Since the war started in Ukraine, the days of not going through food have continued. Even if I talk like this, I clearly think of myself in the situation at that time. Family in the basement of Ukraine I remembered that a flashback happened and we were hiding in the corridor. "


" Why do we repeat the damage that happened in Rwanda? What is the international community all about? I was watching if it was happening. The only thing I could tell the Ukrainians was ... just to be alive. That's it. Now. "

Will justice be fulfilled?

The role of international trials

A situation in which non-resisting citizens without weapons are slaughtered one after another.


International law has stipulated that it should not be allowed.



Such "war crimes" can be broadly classified into four categories.


▽ So-called genocide "genocide crime"


▽ "crime against humanity"


▽ "war crime" in international law


▽ and "crime of aggression".

The origin of the international trial, in which the international community blames individuals for violating international law, was the Nuremberg Tribunal, which tried Nazi German executives after World War II, and the A-class war criminals in Japan. It is in the Far East International Military Tribunal, the so-called "Tokyo Tribunal".



During the subsequent Cold War period, the movement of international trials in which the international community judges criminals from a universal standpoint stagnates.


After the end of the Cold War, ethnic conflicts continued in various parts of the country, and various atrocities were revealed.

The international community is once again in a position to not allow this situation.

The United Nations Security Council has set up


an extraordinary international court on the former Yugoslav conflict = ICTY and


an ICTR on the Rwandan genocide = Rwanda International Criminal Tribunal


.



About the Rwandan genocide The ICTR has been charged with more than 90 people, most of whom have been charged with genocide-genocide crimes and crimes against humanity.



After that, the ICC = International Criminal Court was established in 2002.


A permanent treaty-based court, divided into an investigative and judicial department, with more than 100 countries and territories currently participating.

The ICC's chief prosecutor, Khan, has also entered the field and is embarking on a full-scale investigation into the alleged war crimes and crimes against humanity committed in Ukraine.



On the other hand, in reality, it is not easy to judge Russian officials who have not participated in the treaty, and there are many voices pointing out the limitations of the ICC.



Kuniko Ozaki, a specially appointed professor of law at Chuo University, who served as a judge for the ICC for nine years until 2019, points out that pursuing responsibility for war crimes in Ukraine will be a test for the ICC.

Kuniko Ozaki, Specially Appointed Professor, Faculty of Law, Chuo University


"As far as I can see in the video, civilians who are clearly non-combatants have been killed without weapons, and there are several. Of course, killing one person is a war crime. However, when it comes to a large number of people, it can be a crime against humanity. It is being questioned whether the ICC will be recognized by the international community in the future and whether it is an international organization that can respond to dire situations. "

What is important now is that no one can die

Marie Louise who survived the slaughter in Rwanda.


He says he appreciates the genocide being tried in an international trial.

"If you 've


sinned, it's natural to atone for it. It's also accountable. In that sense, I think it was important to be tried in an international court."

On the other hand, I am deeply concerned about the current situation in which the word "war crimes" and the fact that President Putin and Russia are held accountable are all the focus of attention, and the essential ceasefire will not be realized.

"Now I want you to stop the war first and help even one person who is suffering."


"What is the reason for the international community? Don't say it, don't ruin your life. Don't let anyone die now. The first thing to do is stop indiscriminate killings. Ask the international community to give children a night to sleep with peace of mind. I want to"

Is it over if you judge?

The road that Rwanda has taken

In addition, Marie Louise believes that "war crimes" cannot be healed by just judging them.



After a horrific slaughter, Rwanda has long sought to rebuild the country.

Separately from the Rwanda International Criminal Tribunal, a grassroots court "Gacaca Court" has been established for each region.


At the same time as judging a large number of criminals, he returned prisoners who had completed their sentences to the community and promoted a "reconciliation" of the people.

Marie Louise says that simply blaming the criminal who killed his family cannot actually break the chain of hatred and suffering.

Mr. Marie Louise


"I think it was a big thing that I didn't want to leave this suffering to the next generation. If we all live together so that the war will not be repeated, we have to forgive each other. After all, we have to reconcile. I got there. In order to create the next generation and to create a society where people can live with peace of mind, it was a bitter medicine, but I chose the path of forgiveness and reconciliation. "


" Where is the negative chain? I have to cut it off. I want my children to have a life that doesn't hate people. I don't want them to have hostility in them. That's the way to really make peace. "

Network Press Department Reporter


Ayumi Yanagisawa


Joined in 2008


After working at Akita Bureau, Ishinomaki Press Office, International Department, Cairo Branch, etc.

International Department Reporter


Yohei Suzuki


Joined in 2011


After working at Kagoshima Bureau and Yokohama Bureau, he is currently affiliated from 2020.

International Department Reporter


Tamura Galaxy


Joined in 2013


After working at Tsu Bureau and Chiba Bureau, he is currently affiliated from 2018.