by Shivangi Seth
October 4, 2022
Introduction:
Read more here: https://www.eurasiareview.com/04102022 ... analysis/(Eurasia Review) Few words in the realm of international politics are more loaded than ‘genocide’. Six months into Russia’s invasion of Ukraine, evidence of mass killings, executions, and rape have poured out of the country. These have sparked allegations of genocide committed by Russian forces.
This article examines the international legal ramifications of such rhetoric. It makes three arguments. One, that there is limited political will among states to formally recognise genocide. Two, international judicial bodies suffer from institutional limitations that encumber the possibility of a timely genocide trial and verdict enforcement. Three, meeting the high legal threshold to establish genocide is extremely difficult. While effective as a rhetorical tool to further Russia’s political isolation, these genocide allegations have limited international legal and punitive aims.
Limited Political Will to Recognise Genocide
While several heads-of-state have accused Russian troops of committing genocide in Ukraine, there is sparse political will to formally label it as such.
The strongest voices have emerged from Europe. Multiple state Parliaments and the European Parliament have passed resolutions and statements characterising Russian actions in Ukraine as genocide. Outside Europe, only Canada’s House of Commons adopted a non-binding motion calling Russia’s crimes “acts of genocide.”
Leaders of several other countries, including US President Joe Biden, have called Russian crimes in Ukraine “genocide.” These political statements however don’t amount to official government recognition of genocide. Biden, for instance, specifically clarified that his statement was made in a personal capacity, deferring legal determination to international legal experts.
caltrek’s comment: While I don’t necessarily agree with every single point made by Mr. Seth, on the whole I find it to be an interesting and thought-provoking analysis.