Read the original at The Times of India website.

‘Russia has committed all existing types of war crimes in Ukraine… We urge the international community to establish a mechanism to bring our abducted children back home… Long-lasting and just peace is impossible without providing justice to the victims of this war’

As Russia continues to bombard Ukraine with missile and drone attacks – Kyiv, Poltava and Lviv were targeted in recent days – there’s no end in sight to the Ukraine war in its third year. Putin this week undertook a visit to Mongolia, a country obligated to arrest him for an International Criminal Court warrant. Instead, he was given a red-carpet welcome. Andriy Kostin, prosecutor general of Ukraine, spoke with Rudroneel Ghosh in Kyiv about why the international community should hold the Russian leader to account for war crimes, and detailed the suffering of the Ukrainian people, including children:    

Can you give us an overall sweep of the Russian war crimes that Ukraine wants prosecuted?

First of all, I would like to mention that Russia has committed all existing types of war crimes in Ukraine. Among them: wilful killing and shooting of civilians, indiscriminate attack against civilian objects, torture and ill treatment, conflict-related sexual violence, unlawful confinement of Ukrainian civilians, use of human shields, forced transfer and deportation of Ukrainian population including children, looting, the use of prohibited weapons, and many others. It’s important to know these crimes are not accidental. We witnessed repeated patterns of atrocities. These crimes are tolerated and encouraged by Moscow leadership. As of today we have documented over 135,000 incidents of war crimes committed by Russian military. Ukraine is investigating and prosecuting these war crimes even during the ongoing hostilities. We also have special groups of prosecutors who prosecute the crimes of aggression and genocide within our national jurisdiction. In addition, we are cooperating with international partners to create the web of comprehensive accountability to prosecute Russian war criminals at the international level.

At what stage of the prosecution process do you see yourself today?

As of today, we have already identified 652 war crimes suspects. We have finished 469 cases relates to 469 suspects, which means we have brought these cases to Ukrainian courts. We have already 126 Russian war criminals convicted in Ukrainian courts in the course of the ongoing war, most of them in absentia and some in person. We have also identified 701 representatives of Russian military, political and law-enforcement elite who are responsible and have been notified for the crime of aggression under the Ukrainian criminal code. We have convicted in absentia 178 of them. Starting from last year we are paying particular attention to prosecuting Russian commanders and  political leadership. In 2022, after we identified massive atrocities in Bucha and other locations near Kyiv, and then when we liberated Kharkiv and Kherson which were occupied for several months, we noticed that the same war crimes were being committed by different Russian military units. So we have been establishing the chain of command of these units because we realised that these crimes were being orchestrated from the very top. So out of the total 652 war crimes suspects, 109 are Russian officers of various ranks. We are also working with our international partners to implement President Zelenskyy Peace formula, Point 7 of which is “restoring justice”.

There is already an arrest warrant against Putin by the International Criminal Court. But this hasn’t been implemented. What hope do you have from international courts?

It is not implemented by countries who are not members of the Rome Statute. All countries that are members of the Rome Statute are obligated to implement the arrest warrant. It was a very important signal by the ICC to issue the arrest warrant for the war crime of forced deportation of Ukrainian children. And no one should be above the law. Our obligation is to collect information and evidence about the war crimes by Russia and provide them to the office of prosecutor of the ICC. In fact, this year, the ICC has issued additional arrest warrants for the damages to Ukraine’s energy infrastructure that brought on inhumane conditions during the winters of 2022 and 2023. And ICC has even opened a field office in Ukraine. So we are fully cooperating with the ICC and providing them the evidence that is necessary to prosecute war crimes by Russia.

But Mongolia, a member of the Rome Statute, did not implement the ICC warrant during Putin’s visit to that country. Your thoughts.

I would like to remind the Mongolian authorities that the ability to comply with obligations under international law is one of the main criteria by which a country is recognised as part of the civilised world. Providing security guarantees to a criminal undermines the very essence of the global legal system. By refusing to arrest Putin, Mongolia has deliberately jeopardised its standing in the international community.

Could you tell us the status of Ukrainian children forcibly displaced by Russia. What is being done to bring them back?

We are doing everything in our capacity to bring our children back home. The international coalition for the return of Ukrainian children created at the initiative of President Zelenskyy unites the efforts of different countries to help Ukrainian children. It was established in December 2023. It already includes more than 37 countries and is constantly growing. Currently, we are investigating the forced transfer or deportation of over 19,500 children. These are only cases that are officially registered in criminal proceedings. Nobody knows the exact number of forcibly displaced Ukrainian children. We deem that the actual number is substantially higher. This is a war crime that has exact features of crime against humanity. We also consider this as one of the elements of the crime of genocide. Seven suspects, including two members of the Russian parliament, were notified of suspicion as a result of our national investigations. We are, of course, also continuing our cooperation with the ICC on this issue.

Mass deportation by Russia is a deliberate state policy to erase Ukrainian identity. Our current priority is to establish the full chain of command behind these crimes. Russian authorities have also created an extensive system of adoption for forcibly deported children from Ukraine. The children are sent to so-called health camps where the adoption process begins. The research of the Conflict Observatory of Yale University identified at least 43 such health camps in Russia and occupied Crimea where forcibly deported Ukrainian children were placed. More than 380 deported orphans have been granted Russian citizenship and subsequently resettled in 23 different regions of Russia. This is absolutely illegal. Russia has also introduced legislative changes to simplify the acquisition of Russian citizenship for such children. At the same time, Russia is adopting a policy of assimilation of abducted children. They are being re-educated in the spirit of Russian propaganda. They are placed in specially selected, so-called ‘ideologically correct’ foster families. The children are involved in paramilitary patriotic camps, and banned from learning Ukrainian language. Those children who reach 18 years of age can be sent to fight against their homeland in Russian army. We know of such cases in Crimea. We must act to prevent the aggressor state from ruining these children’s lives. That’s why we urge the international community to establish a mechanism to bring our children back home. This is especially important for children who were abducted at a very young age, who don’t even know they are Ukrainians. Russia’s actions are akin to Nazi policies in World War-II.

Why should India be interested in Ukraine’s war crimes prosecution?

The case of massive commission of international crimes of all types against Ukraine is a litmus test for the whole world. It’s a test for international law and order. Accountability for Putin and his regime will serve as a deterrent for other potential dictators. This will reinforce the rules-based world order. Russia is a threat to the entire world – it uses nuclear blackmail, undermines global security and food security, and forms an axis of evil with some countries. If Russian regime continues to enjoy impunity, it will encourage other hostile regimes to start new wars and conflicts. That’s why all democratic countries should unite not only to stop commission of war crimes, but also to ensure fair trials for all war criminals. Long-lasting and just peace is impossible without providing justice to the victims of this war.