Who is a war criminal and who should decide?

But declaring someone a war criminal is not as simple as saying the words. There are specific definitions and processes for determining who is a war criminal and how they should be punished.

The White House had avoided naming Putin, saying it required an investigation and international determination.

After President Biden used the term Wednesday, White House spokeswoman Jen Psaki said the president was “speaking from the heart” and reiterated her statements that there is a process for making a formal determination.

However, in popular usage, the phrase has taken on a common meaning as a general term for someone who is horrible.

“It’s clear that Putin is a war criminal, but the president is talking about it in a political sense,” said David Crane, who has worked on war crimes for decades and served as chief prosecutor for the UN Special Court for Sierra. Leonen, who tried former Liberian President Charles Taylor.

Investigations into Putin’s actions have already begun. The US and 44 other countries are working together to investigate possible violations and abuses, following the adoption of a resolution by the United Nations Human Rights Council to set up a commission of inquiry. There is another investigation by the International Criminal Court, an independent body based in the Netherlands.

“We are still at the beginning,” said Mr. Crane, who now heads the Global Accountability Network, which works with the International Court of Justice and the United Nations, among others.

On the day of the attack, his organization set up a working group to compile criminal information on war crimes. He is also drafting an indictment against Putin. He predicts that an indictment against Putin could be filed within a year. But there is no statute of limitations.

Here’s a look at how it all works:

WHO IS A WAR CRIMINAL?

The term applies to anyone who violates a set of rules adopted by world leaders known as the law of armed conflict. The rules set the norms of conduct of countries in time of war.

These rules issued by the Geneva Conventions after World War II have been modified and expanded over the past century, with protocols added later.

The rules are intended to protect people who no longer take part in hostilities and those who can no longer fight, including civilians, doctors and nurses, wounded troops and prisoners of war. Treaties and protocols determine who can be targeted and with what weapons. Some weapons are banned, including chemical or biological agents.

WHAT CRIMES MAKE SOMEONE A WAR CRIMINAL?

So-called “grave violations” of war crimes conventions include premeditated killings, destruction, and large-scale appropriation of property that is not justified by military necessity.

Other war crimes include the deliberate targeting of civilians, the use of excessive force, the use of individuals as human shields, and the taking of hostages.

The International Criminal Court also prosecutes crimes against humanity committed in the context of “a widespread or systematic attack on any civilian population.” These include murder, extermination, forced transfer, torture, rape, and sexual slavery.

The most likely way Putin can be charged as a war criminal is through legal doctrine widely known as command responsibility.

If commanders order, know, or are able to know of crimes and have done nothing to prevent them, they can be held legally responsible.

WHAT ARE THE WAYS FOR JUSTICE?

In general, there are four ways to investigate and determine war crimes, although each has its limitations. One is through the International Criminal Court.

A second alternative would be for the United Nations to provide its data to a commission of inquiry into a hybrid international war crimes tribunal to prosecute Vladimir Putin.

The third option would be to set up a tribunal to try Putin from a group of interested countries such as NATO, the European Union and the United States. A similar example is the Nuremberg military tribunals after World War II against Nazi leaders.

Finally, some countries have their own laws on war crimes prosecution. Germany, for example, is already investigating Putin. The United States does not have such a law, but the Department of Justice has a separate section that focuses on acts involving international genocide, torture, the recruitment of child soldiers, and the genital mutilation of women.

WHERE CAN PUTIN BE TRIED?

It is not clear. Russia does not recognize the jurisdiction of the International Criminal Court and would not send any suspects to the Hague tribunal in the Netherlands.

The United States also does not recognize the authority of the court. President Putin can be tried in a country selected by the United Nations or by a community of interested states. But sending him there would be difficult.

HAVE LEADERS BEEN PUNISHED IN THE PAST?

Yes. From the post-World War II courts in Nuremberg and Tokyo to the special courts set up in the last decade. Senior leaders have been prosecuted for their actions in countries such as Bosnia, Cambodia and Rwanda.

Former Yugoslav leader Slobodan Milosevic was tried by a UN tribunal in The Hague for inciting bloody conflicts.

He died in the cell before the court could make a decision. His Bosnian Serb ally, Radovan Karadzic, and Bosnian Serb military leader General Ratko Mladic were successfully investigated and are both serving life sentences.

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