US will keep helping Ukraine document war crimes, White House official says

March 17, 2023 Russia-Ukraine news

By Kathleen Magramo, Jack Guy, Aditi Sangal, Adrienne Vogt, Leinz Vales, Matt Meyer and Tori B. Powell, CNN

Updated 9:58 p.m. ET, March 17, 2023
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6:51 p.m. ET, March 17, 2023

US will keep helping Ukraine document war crimes, White House official says

From CNN's Nikki Carvajal 

National Security Council Coordinator for Strategic Communications John Kirby
National Security Council Coordinator for Strategic Communications John Kirby (CNN)

The White House says it “remains to be seen” whether Russian President Vladimir Putin will ultimately face justice for alleged war crimes after the International Criminal Court issued a warrant for his arrest Friday, but the US will continue to help Ukraine document Moscow's misdeeds.

“We’re going to stay committed to helping Ukraine as they document and analyze and preserve the kinds of evidence of the war crimes, the atrocities, the crimes against humanity that have occurred inside Ukraine at the hands of Russian forces,” National Security Council Coordinator for Strategic Communications John Kirby told CNN’s Jake Tapper on Friday.

The United States does not recognize the ICC, but Kirby said the US is “not going to back off our belief that accountability for these war crimes has got to be had, however long that takes.”

Kirby said the US wants to see “any perpetrators of war crimes held to account,” but he declined to say if US President Joe Biden would tell law enforcement to arrest Putin if he came to the US. He said it was "very, very unlikely" the Russian leader would travel to the United States.

Asked if the US would ask other countries like Israel or India – who also do not recognize the ICC – to arrest the Russian leader, Kirby said it would “have to be sovereign decisions those leaders make.”

Remember: Russia also does not recognize the ICC, and the court does not conduct trials in absentia, so Putin would either have to be turned over by Moscow or arrested in a foreign country for him to face charges from the court.

Moscow's ties to Beijing: Tapper also asked Kirby if there was any intelligence indicating China has decided to give Russia weapons to help with the country’s assault on Ukraine.

“We don't believe that they've taken it off the table still, but we also don't see any indication, any confirmation, that they're moving in that direction or that ... they have sent lethal weapons,” Kirby said.
“We don't think it's in their interest. It shouldn't be in anybody's interest, quite frankly, to help Mr. Putin continue to slaughter innocent Ukrainians,” he added.

Chinese leader Xi Jinping will fly to Moscow next week to meet with Putin in his first visit to Russia since Putin launched his devastating invasion of Ukraine more than a year ago.

The visit will be seen as a powerful show of Beijing’s support for Moscow in Western capitals, where leaders have grown increasingly wary of the two nations’ deepening partnership as war rages in Europe.

CNN's Nectar Gan and Anna Chernova contributed to this report.

5:15 p.m. ET, March 17, 2023

US supports "accountability for perpetrators of war crimes" in wake of ICC warrant for Putin

From CNN's Jeremy Diamond and Kylie Atwood

The United States supports "accountability for perpetrators of war crimes," National Security Council spokesperson Adrienne Watson said in a statement, hours after the International Criminal Court issued an arrest warrant for Russian President Vladimir Putin,

“There is no doubt that Russia is committing war crimes and atrocities in Ukraine, and we have been clear that those responsible must be held accountable. The ICC Prosecutor is an independent actor and makes his own prosecutorial decisions based on the evidence before him. We support accountability for perpetrators of war crimes,” Watson said. 

Watson's statement notably did not explicitly express support for the ICC's efforts to prosecute Putin for alleged war crimes.

The ICC issued warrants for both Putin and Russian Commissioner for Children’s Rights Maria Lvova-Belova over an alleged scheme to forcibly deport thousands of Ukrainian children to Russia.

While 123 countries are parties to the treaty that created the ICC, they don't include either the US or Russia.

What the US has said about alleged crimes: The US government declared last Marchthat members of the Russian armed forces had committed war crimes in Ukraine. Last month in Germany, US Vice President Kamala Harris announced that the US government determined that Russia has committed crimes against humanity during its full-scale invasion of Ukraine.

8:38 p.m. ET, March 17, 2023

ICC chief prosecutor says it's possible Putin could be tried for alleged crimes at some point

From CNN's Clarissa Ward

ICC Chief Prosecutor Karim Khan.
ICC Chief Prosecutor Karim Khan. (CNN)

It is not outside the realm of possibility that Russian President Vladimir Putin could be tried by the International Criminal Court at some point, the ICC Chief Prosecutor Karim Khan said Friday.

"Nobody should feel they have a free pass," he said.

"I think those that think it’s impossible fail to understand history because the major Nazi war criminals, (former Yugoslav President Slobodan) Milošević, (former Bosnian Serb politician Radovan) Karadžić, (former Bosnian Serb military officer Ratko) Mladić, former (Liberian) President Charles Taylor, (former Prime Minister) Jean Kambanda from Rwanda, Hissène Habré (former president of Chad). All of them were mighty, powerful individuals, and yet they found themselves in courtrooms whose conduct was being adjudicated over by independent judges. And that also gives cause for hope that the law can, however difficult it may be, the law can be supreme," Khan said.

The ICC on Friday issued arrest warrants for Putin and Russian official Maria Lvova-Belova relating to an alleged scheme to forcibly deport thousands of Ukrainian children to Russia.

"I think the message must be that basic principles of humanity bind everybody. And nobody should feel they have a free pass. Nobody should feel they can act with abandon, and that definitely, nobody should feel that they can act and commit genocide or crimes against humanity or war crimes with impunity," Khan said.

The prosecutor said it was important for the ICC to start these investigations as quickly as possible with a focus on the plight of victims.

"The law must be about, and particularly criminal law, must be about victims and survivors," Khan added.

Watch the interview with Karim Khan:

4:00 p.m. ET, March 17, 2023

Analysis: Here's how war crimes prosecutions work

From CNN's Zachary B. Wolf

After more than a year of international outrage at Russia’s invasion of Ukraine and shocking atrocities, there’s an arrest warrant out for Russian President Vladimir Putin.

The International Criminal Court on Friday announced charges against Putin and Russian official Maria Lvova-Belova relating to an alleged scheme to forcibly deport thousands of Ukrainian children to Russia.

Here’s a very broad look at how war crime prosecutions work:

What is a war crime? The ICC has specific definitions for genocide, war crimes, crimes against humanity and the crime of aggression. Specifically, targeting civilian populations, violating the Geneva Conventions, targeting specific groups of people and more could be potential Russian war crimes.

Who can be tried by the ICC? Anyone accused of a crime in the jurisdiction of the court, which includes countries that are members of the ICC, can be tried. The court tries people, not countries, and focuses on those who hold the most responsibility: leaders and officials. While Ukraine is not a member of the court, it has previously accepted its jurisdiction. Putin is therefore eligible for being indicted by the court for ordering war crimes in Ukraine.

However, the ICC does not conduct trials in absentia, so he would either have to be handed over by Russia or arrested outside of Russia. That seems unlikely as long as Putin is in power.

How does the ICC bring proceedings? Court proceedings can be brought in one of two ways: Either a national government or the UN Security Council can refer cases for investigation. Russia, a permanent member of the UN Security Council, has veto power over council actions. It was requests by 39 national governments, most of them European, that sparked the current investigation.

How long do these investigations take? If justice in general moves slowly, international justice barely moves at all. Investigations at the ICC take many years. Only a handful of convictions have ever been won.

Why would a Ukraine prosecution be different? The international outcry against Russia is unique, and that could give the court the ability to operate differently, according to Ryan Goodman, a law professor at New York University and co-editor-in-chief of Just Security, an online forum. “It’s hard to judge the ICC’s investigation based on past practice,” Goodman said in an email after the court initially launched its investigation back in 2022. “In the Ukraine situation, the prosecutor is buttressed by an extraordinary outpouring of support from dozens of countries, which I expect will be followed by an infusion of resources.”

Read more about these investigations and read about the scheme involving Ukrainian children taken to Russia.

3:54 p.m. ET, March 17, 2023

ICC president says Putin arrest warrant sends "important signal" to the world

ICC President Judge Piotr Hofmański.
ICC President Judge Piotr Hofmański. (International Criminal Court)

The arrest warrant issued for Russian President Vladimir Putin is a "very important signal" for the world and the victims of the alleged scheme to forcibly deport thousands of Ukrainian children to Russia, the president of the International Criminal Court said Friday.

A warrant was also issued for Russian Commissioner for Children’s Rights Maria Lvova-Belova.

The arrest warrants are not "magic wands," Judge Piotr Hofmański said, speaking to CNN from The Hague in the Netherlands. "But we believe in the deterrence effect of the arrest warrants issued in our proceedings, and we believe that it's a very important signal for the world that we are doing our job, that the victims are not left alone, they are not forgotten, and we just are doing what's expected."

Hofmanski compared the arrest warrant for Putin to a kind of sanction for the Russian leader.

"There are 123 states — two-thirds of states of the world — in which he will not be safe," he said.

Asked whether the ICC is asking signatory countries to arrest Putin if he travels to them, Hofmanski referred to ICC statute, saying, “All state parties have the legal obligation to cooperate fully with the court, which means that they’re obliged to execute arrest warrants issued by the court."

He also said that these warrants are not "the end of the game," adding that the case "can expand and also cover other atrocities allegedly committed on the territory of Ukraine." Hofmanski said he has no knowledge of any other actions coming down the pike.

Hofmanski said the contents of the arrest warrants were secret but that the ICC had agreed to publish the information about the existence of the warrants and the crimes allegedly committed by Putin and Lvova-Belova.

Remember: The ICC does not conduct trials in absentia, so Putin would either have to be handed over by Russia or arrested outside of Russia.

CNN's Jorge Engels contributed to this post.

3:35 p.m. ET, March 17, 2023

Zelensky praises the ICC decision to issue arrest warrants for Putin and his children's rights commissioner

From CNN’s Vasco Cotovio and Olga Voitovych

Ukrainian President Volodymyr Zelensky speaks to the media during a press conference as Ukraine marks one year since Russia's large-scale invasion, on February 24 in Kyiv, Ukraine. 
Ukrainian President Volodymyr Zelensky speaks to the media during a press conference as Ukraine marks one year since Russia's large-scale invasion, on February 24 in Kyiv, Ukraine.  (Roman Pilipey/Getty Images)

Ukrainian President Volodymyr Zelensky praised the decision Friday by the International Criminal Court to issue warrants for the arrest of Russian President Vladimir Putin and Children’s Rights Commissioner Maria Lvova-Belova. 

“Today we have a significant decision of international justice. In a case that has real prospects,” Zelensky said in his nightly address Friday. “This is a historic decision that will lead to historic responsibility.”

The Ukrainian president said his own country’s investigations also suggested the Kremlin had direct involvement in the forced deportation of children into Russia.

“In the criminal proceedings being investigated by our law enforcement officers, more than 16,000 cases of forced deportation of Ukrainian children by the occupier have already been recorded. But the real, full number of deportees may be much higher,” he said. “Such a criminal operation would have been impossible without the order of the highest leader of the terrorist state.”

Zelensky went on to thank the ICC and Chief Prosecutor Karim Khan. He called the forced deportation of children “evil.”

So far, Ukrainian officials have been able to return 300 children who had been forcibly deported to Russia.

2:05 p.m. ET, March 17, 2023

Putin bears criminal responsibility for forced deportations, ICC chief prosecutor says

From CNN’s Allegra Goodwin and Vasco Cotovio

International Criminal Court chief prosecutor Karim Khan said there are reasonable grounds to believe Russian President Vladimir Putin and the country’s Commissioner for Children’s Rights Maria Lvova-Belova bear criminal responsibility for the forced deportation of hundreds of Ukrainian children. 

At the time the Ukrainian children were reportedly taken out of their country, they were protected under the Fourth Geneva Convention, Khan said in a statement Friday. 

According to the US and several European governments, Putin's administration has carried out a scheme to forcibly deport thousands of Ukrainian children to Russia, often to a network of dozens of camps, where the minors undergo political reeducation.

“Many of these children, we allege, have since been given for adoption in the Russian Federation,” Khan also said, adding a change of the law in Russia through Presidential decrees issued by Putin had made it easier for the children to be adopted by Russian families. 

“These acts, amongst others, demonstrate an intention to permanently remove these children from their own country,” Khan said.

He called for accountability and for the children to be returned to their families in Ukraine, adding in the statement that "we cannot allow children to be treated as if they are the spoils of war.” 

Khan said Ukraine was “a crime scene that encompasses a complex and broad range of alleged international crimes,” explaining that while this was a first step in prosecuting war crimes, he continues to pursue other lines of investigation. 

2:02 p.m. ET, March 17, 2023

"I hope it is followed by actions": Ukrainians in Kyiv react to ICC arrest warrant for Putin

From CNN's Gul Tuysuz, Svitlana Vlasova and Dima Olenchenko

CNN asked people on the streets of Kyiv their reactions to the International Criminal Court issuing arrest warrants for Russian President Vladimir Putin and Russian official Maria Lvova-Belova for an alleged scheme to deport Ukrainian children to Russia.

Here's what they said:

Tatiana Kostiuchenko and Dmitro Yukhnoskyi.
Tatiana Kostiuchenko and Dmitro Yukhnoskyi. (CNN)

Tatiana Kostiuchenko, 25, massage therapist: "I think Russians will kill Putin before there is a chance for him to stand trial. He knows too much. This is the way they do stuff. The arrest warrant actually gives me a sense of calm. Because it’s like Ukrainians were alone saying all of these terrible things are happening, that Putin is a criminal. But now everyone will say it, know it. The fact that this is because of the children deportation is even better. It highlights the suffering of civilians, especially children. People think war is about two armies but it’s not — civilians are suffering, so many children."   

Dmitro Yukhnoskyi, 29, games level designer: "I don’t know how much power they have to carry it out, but I am glad to see it. It won’t solve the problem, but it is a good start."

Mykola Strizhak.
Mykola Strizhak. (CNN)

Mykola Strizhak, 22, courier: "I am happy to see this news, but for now it is just words. But I hope it is followed by actions."

Natalia Saloviova.
Natalia Saloviova. (CNN)

Natalia Saloviova, 68, teacher: "I am happy to hear it, but I am not sure that it will be implemented because he will hide. He will hide. He will go abroad with the help of China maybe or Iran ... But I hope, I hope. I want to believe in this."

To note: It remains unlikely that a trial at The Hague will go ahead. Russia is not a member of the ICC and the court does not conduct trials in absentia, so any Russian officials charged would either have to be handed over by Moscow or arrested outside of Russia.

1:34 p.m. ET, March 17, 2023

EU diplomat calls ICC arrest warrant for Putin an "important decision of international justice"

From CNN's Jorge Engels

High Representative of the EU for Foreign Affairs and Security Policy Josep Borrell speaks to members of the media in Brussels, Belgium, on January 23.
High Representative of the EU for Foreign Affairs and Security Policy Josep Borrell speaks to members of the media in Brussels, Belgium, on January 23. (Johanna Geron/Reuters)

The European Union’s foreign policy chief is hailing the International Criminal Court’s decision to issue an arrest warrant for Russian President Vladimir Putin as “an important decision of international justice” and “just the start” in an international legal process to hold Putin accountable.

“The gravity of the crimes and the statement of the ICC speak for themselves,” Josep Borrell, high representative of the EU for Foreign Affairs and Security Policy, said Friday.

“This is an important decision of international justice and for the people of Ukraine. We have always made clear at the European Union that those responsible for the illegal aggression against Ukraine must be brought to justice,” Borrell added.

He said this arrest warrant is "just the start of the process of accountability" for holding Russia and other officials responsible for potential war crimes in Ukraine.