.vivwalt: Building a war crimes case against Putin is harder than you think
xhausted and choked with emotion, a group of captured Russian soldiers told journalists in Kyiv on Monday that their government had betrayed them by sending them to fight a war under false pretenses. “I feel shame that we came to this country,” Lieutenant Colonel Astakhov Dmitry Mikhailovichon camera. “We will go to jail or whatever we deserve.” Hours later, Ukraine’s President Volodymyr Zelensky bluntly stated what he thought they deserved.
“The key is to get started now,” he says. “It is much easier to establish now, than when the net closes in more and more in Ukraine.”From the start, Ukrainians have been keenly aware of the need to gather evidence for possible war-crimes charges.
A Ukrainian soldier speaks on his smartphone outside a residential building damaged by a missile in Kyiv, Ukraine, on Feb. 25, 2022.A treasure trove of “pocket debris” could well be lying on the dead bodies of soldiers left on the battlefield, or in the uniforms of captured soldiers like Mikhailovich. The U.S. estimated on Tuesday thatsoldiers have been killed in two weeks of war.
Based on his experience investigating the Syrian war—where Russia’s military provided essential firepower for the regime—Wiley believes Ukraine ought to be able to intercept Russia’s communications. “Russian communications, a lot of it, is not encrypted. It is pretty surprising,” he says. “On the battlefield a lot of the kit is very old.”
The bulk of the work will be piecing together a chain of command from the crime to the original order, in theory all the way to Putin. Given the Russian president’s overwhelming grip on the war, that chain might be far easier to trace than in other wars, according to some experts. “Very little is going to happen in this theater on the Russian side that would not be traceable right up the chain of command, to the top of the Russian state,” Stephen Rapp, who was the U.S.
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