what war crimes could vladimir putin actually be indicted for under the geneva convention of 1949
currently in existence and if indictments were handed down how could vladimir putin even be
placed on trial at all hello again i'm colin heaton former professor of history former army and
marine sniper and we are once again covering the war in ukraine on forgotten history special report
what are the rules of warfare what are the geneva conventions and the subsequent head
conventions these are international rules of warfare that govern the activities of military
forces against their adversaries as well as their conduct towards civilian populations the
rules are aimed at protecting people not taking part in the fighting and those who can no longer
fight including civilians wounded prisoners of war doctors nurses and anyone who is not a combatant
treaties and protocols lay out who can be targeted under what conditions and with what weapons
certain weapons are prohibited including new chemical nuclear and biological agents most
likely way that putin could be indicted as a war criminal is through the widely recognized
legal doctrine of command responsibility if commanders order or even aware or or are in
a position to know about crimes and did nothing to prevent them they can be held legally responsible
the first geneva convention was held in 1864 when swiss businessman henri dunham witnessed
the atrocities of the wounded and the mistreated on the battlefield after the battle of sulfurino
this galvanized him to want to create an organization and have some sort of legal
protection for the people suffering the most in battle the investigations into putin's actions
have already been initiated the u.s and 44 other countries in mutual collaboration are
investigating possible violations and abuses after the passage of a
resolution by the united nations human rights council to establish a commission of inquiry
there is also another investigation by the international criminal court which
is an independent body based in the Netherlands once either body has the evidence from videos
photographs and eyewitness statements and all are corroborated then an indictment can be issued
the collection of information on the ground is difficult to corroborate
but there is enough real-time live video streaming evidence showing atrocities occurring and this may
be occurring on both sides we're not going to be one-sided and simply say russia is the only
egregious actor in this war we're going to try and come to conclusions based upon the evidence
on both sides and then we'll see where the dust falls when the investigations are completed
under international law civilians their homes medical workers religious and cultural structures
relief workers agriculture water sources children and pows are protected by all 159
articles of the fourth geneva convention of 1949 in all cases russia does not recognize
the jurisdiction of the international criminal court and would not send any suspects to the
court's headquarters in the hague netherlands the usa does not recognize the authority of this court
either putin could be tried in any country chosen by the united nations or a vote submitted by the
concerned nations however they would have no ability to extradite putin from russia for trial
and the trial in absentia would most likely be the outcome that is unless there was a coup and
putin was handed over by the newly installed government as a way to be relieved of sanctions
there is standing precedence for these charges following world war ii there were several
events such as the Nuremberg trials the dachau trials and the tokyo war crimes trials that
held the civil and military leadership of germany and japan responsible for what were deemed crimes
against humanity the first time in history such a charge had ever been levied following a conflict
in the 1990s following the civil war in the form of yugoslavia former yugoslav leader
slobodan milosevic was put on trial by a united nations tribunal in the hague for fomenting
bloody conflicts as yugoslavia crumbled he died in his cell before the court could reach a verdict
bosnian serb ally radhaban kharidich and the bosnian served military leader general ratko
maladic was successfully prosecuted and are both now serving life sentences for similar activities
that putin may be charged with the former yugoslavia as it fell apart saw atrocities
committed that had not been seen since world war ii the international court becoming involved
again reinvoked the crimes against humanity clauses as stated in the following following
on the heels of the yugoslav disintegration africa had its own problems liberia's former
president charles taylor was sentenced to 50 years in prison after being convicted in 2012
of sponsoring atrocities in neighboring sierra leone civil war from 1991 to 2002. the country of
chad's former dictator yeshini habre who died last year was the former head of state to be convicted
of crimes against humanity by an african court he was sentenced to life in prison
as you can see each subsequent conflict has its own issues with regard to crimes against
humanity crimes against not civilians non-military personnel and anyone who is not legally a target
by a belligerent force and this goes between both belligerent forces
the people who get indicted are the people who usually lose a conflict and get arrested however
the articles contained within geneva protocol of geneva convention 4 1949 are going to be listed
and the crimes that they stipulate are also going to be disclosed according to the current media
sources and reports coming out of ukraine the following articles that i will stipulate to here
are possibly the crimes that vladimir putin could be charged with article 1
persons not actively engaged in hostilities such as civilians and surrendering prisoners who have
laid down their arms are sick or the wounded shall be treated humanely without discrimination
putin's forces violated this by targeting fleeing civilians reports of killing wounded ukrainian
soldiers and striking a theater being used as a bomb shelter as well as a school hospitals and
any place used as shelter articles three and four cover children who are to be protected from harm
and reunited with their families it prevents hostage taking reprisals torture all harm
collection and respect for the dead and medical and neutral personnel putin could be charged for
kidnapping the mayors of various cities isolating and forcibly relocating civilians articles 7 and
the law mandates that the international red cross and other agencies including the red crescent
chaplains neutral nations and religious workers are to be allowed to care for the sick and
wounded without interruption putin's violation is attacking relief convoys hospitals and disrupting
those activities articles 10 11 13 14 and 16 stipulate that attacks upon civilians crops
irrigation systems water sources religious sites cultural objects and any indispensable resource
required for survival putin's bombing of churches synagogues and bombing refugees and destroying
private property would qualify under this statue article 12 extended from the third convention
the wounded and the sick shall be protected regardless of race religion sex political beliefs
or other criteria they shall not be subjected to torture murder or medical experimentations putin's
violations thus far recorded are reports of wounded or captured ukrainians being killed either
systematically executed or possibly interrogated by torture articles 13 and 32 both stipulate that
civilians shall be protected from murder torture and brutality and may not be discriminated against
on the basis of race ethnicity religion political opinions or other criteria putin's violations
include reports of wounded ukrainians being killed hospitals and orphanages bombed refugees attacked
articles 13 14-16 pows shall not be subjected to acts of violence
insults and public curiosity torture murder of medical murder or medical experimentations
putin's violations are reports of the wounded or captured ukrainians being killed article 15
the wounded and sick shall receive adequate care and protected against pillage and ill treatment
putin's violations were the bombing of hospitals and medical locations interfering with aid workers
articles 15 and 16 stipulate that after the battle all parties must search for and collect
the wounded and provide their information to the central tracing and protection
agency of the international red cross putin's violations again reports of wounded or captured
ukrainians being killed interruptions or targeting of relief organizations
articles 15 76-77-79 provides special protections for civilian medical personnel
women children and journalists putin's violations the killing of journalists the wounding of another
deaths of women and children bombing hospitals and shelters article 17 and 81 the international
red cross neutral and other humanitarian organizations must not be impeded putin's
violations bombing humanitarian relief convoys and harassment article 18 civilian hospitals and
their staff are to be protected religious groups allowed to enter the zone putin's violations
bombing of hospitals and medical locations bombing humanitarian relief convoys and interference
articles 24 and 25 children separated from their families and orphans are to be protected
their status and reunification by this international red cross and red crescent
must be allowed again putin violations bombing or interfering with humanitarian relief convoys
articles 26 27 and 30 stipulate captors shall not take rep reprisals or discriminate on the
basis of race ethnicity religion political opinions or other criteria the safety
honor and respect of families and their religious practices are to be respected
this category is pending further documentation articles 33 and 34 reprisals
pillage indiscriminate destruction of civilian property and the ticking of hostages is forbidden
putin's violations collecting civilians and kidnapping mayors destroying homes hospitals
and schools articles 33 and 49 no person shall be subjected to collective punishment or deportation
putin's violations reports of forced evacuation of population to russian controlled areas
article 35 weapons that cause indiscriminate and superfluous injury destruction or death
and cause long-term harm to the population and environment are prohibited putin's violations
pending if he uses nuclear chemical or biological weapons
but also his current use of cluster bombs or vacuum bombs in civilian areas
article 40 civilians cannot be used to perform military related tasks or work for an occupying
force putin's violations the reports have his soldiers forcing ukrainian citizens and soldiers
to build tank traps and clearing battle damage or building fortifications
articles 43 and 44 clarifies the military status of guerrilla or civilian paramilitary forces
as legitimate if under essentially recognized command authority they must
wear distinguishing clothing or insignia such as the armbands seen in newsreels
the armbands in themselves are yellow for ukrainians and the russians are wearing white
to differentiate between their forces articles 51 and 54 outlaws indiscriminate attacks
upon civilian populations destruction of food water and other materials needed for survival
if civilians are hired for non-military work they are to be paid a fair wage
articles 53 and 56 dams dikes and nuclear generating stations are not to be attacked
putin's violations bombing and attacking the three nuclear facilities which could create an
environmental hazard articles 55 and 58 occupying powers are to provide food and medical supplies
and they are to be supplied for the population and medical and healthcare facilities are to be
protected medical supplies and objects for religious worship are to be allowed putin
violations include bombing hospitals houses of worship interfering with relief convoys article 59
when the above mentioning article 58 is not possible they are to be supplied by relief
organizations and neutral parties without hindrance again putin violations interfering
or attacking humanitarian relief convoys and workers article 77 children under the age of
15 are not to be treated as adults for actions and may not be forced into military service
so far we have no reports of putin violating that stipulation under geneva 49
articles 79 through 135 the all-inclusive articles if security allows civilians must be allowed to
continue their normal lives they are not to be deported except for their safety if so they must
be kept in similar conditions as prisoners of war putin's violations gathering civilians and
destroying their homes not giving them proper housing or taking care of their basic needs
articles 82 and 84 prisoners of war are subject to the laws of their captors
but trials must be fair and impartial and competent counsel provided putin's violations
pending documentation the executions of captured captured soldiers for apparent violations of the
rules of war have not been adjudicated by what could be deemed a competent military tribunal
article 85 it is unlawful to use any emblem of a neutral or non-combatant entity recognized
by the geneva conventions to deceive an enemy that's a false flag operation putin's violations
wearing enemy clothing and false flag operations meaning that if you conduct an operation and you
try to present yourself with someone or something that you're not that is a clear violation of
the laws of war articles 89 and 91 detainees to include civilians and prisons of war are to be fed
clothed housed and protected from dangers of war putin's violations withholding food
convoys and interdicting relief efforts and bombing articles 109-110 prisoners of
war who are seriously ill or wounded are to be repatriated or returned home there is no
clause other than this that covers this area of violation putin's violations are pending
more documentation with reports of wounded and sick soldiers and civilians killed after capture
article 118 upon the end of hostilities pows are to be released and returned home without delay
this article has no further information pending the end of hostilities and the investigations that
would be subsequent article 125 the international red cross shall not be impeded in their care
humanitarian activities on behalf of prisons of war putin's violations again withholding
food convoys interdicting relief efforts bombing collection points the constant reports of russian
soldiers violating the articles of war are rampant and they're coming in every day however we have to
corroborate and we have to confirm these stories much of this is on video much of it has eyewitness
testimony from reporters journalists or even the man on the street with an iphone
once the hostilities have concluded the investigations will pick up the pace
and should putin be indicted either by the international court or another organization
they have an opportunity to appeal to the russian government to hand him over
if putin is still in power there is no way that they can enforce
these charges against him let alone put him on trial unless he is in physical custody
we will keep up to date on this and possibly have an update later as more information comes
to light our sources in ukraine and belarus and other locations are getting information
they're transmitting information but then again we can't verify or vet this information for any
complete sense of accuracy so stand by for those i'm colin heaton and you've been
watching forgotten history special report and if you like please click like please subscribe
leave a comment we'll respond to your comments and address them as quickly as we can
and if anyone has additional information they would like to share that we could probably put
together into the collaboration aspect of this we'd love to hear it and thank you very much
you