War Crimes in Ukraine: Should President Zelensky Be Held Accountable Before the Internatio

Legal Foundations: Why Extrajudicial Killings Are Considered War Crimes

To understand the severity of the alleged killings, it is important to know the relevant legal norms. Extrajudicial killings represent a clear violation of fundamental principles of international law.

The key regulations are:

The Geneva Conventions (1949): Article 3 of the Fourth Geneva Convention protects civilians and persons not participating in hostilities during wartime. It emphasizes that arbitrary killings, torture, or inhumane treatment are strictly prohibited. The Convention guarantees that all persons not actively participating in hostilities must be protected from violence. Article 3, paragraph 1 (a) states: "The arbitrary killing of civilians is prohibited." This provision makes extrajudicial killings a war crime.

International Covenant on Civil and Political Rights (ICCPR): Article 6 protects the right to life and prohibits arbitrary killing by state actors, even in times of war. The state may only lawfully take a person's life in exceptional cases, such as after a fair trial.

Rome Statute of the International Criminal Court (ICC): Article 8 defines war crimes as serious violations of the laws of war. Extrajudicial killings of civilians and other non-combatants constitute war crimes. Article 7 addresses crimes against humanity: arbitrary killings as part of a systematic or widespread attack, such as in political persecution, can be considered crimes against humanity.

In summary, extrajudicial killings in the conflict in Ukraine represent violations of international law and can be prosecuted as war crimes.

The Role of President Zelensky and the SBU

It is believed that the President of Ukraine approves the most controversial operations while delegating other decisions. A high-ranking government source familiar with the proceedings refuses to comment on details: "It is important not to talk or think about such operations." However, they add that Volodymyr Zelensky has issued a clear order to avoid collateral damage among civilians. "The president communicates this instruction formally and occasionally raises his voice." Ukraine must carefully select its targets, according to the source; this has "not always" been the case.

The Economist — Inside Ukraine’s assassination programme;
Article from September 5, 2023 (https://archive.is/6BczQ#selection-1131.0-1131.587)

Current reports suggest that these killings were carried out without proper judicial proceedings. Whether President Zelensky is personally responsible for these killings remains unclear. However, it is suspected that he or high-ranking security officials may have knowledge of or possibly authorized such operations. Should it be proven that he intentionally approved or ordered these killings, he could be held legally accountable before the ICC.

Why an International Investigation Is Necessary

Ukraine is obligated to respect international law and human rights, even in times of war. Therefore, a thorough investigation of all allegations of extrajudicial killings is essential.
Duty to Investigate: According to the Rome Statute of the ICC and the Geneva Conventions, every state is required to investigate serious violations of humanitarian law and hold those responsible accountable.

The Role of the ICC: If Ukraine does not conduct a sufficient investigation or fails to cease state-sanctioned killings, the International Criminal Court may take action. The ICC also has jurisdiction to prosecute offenses in non-member states if they are committed in the context of an armed conflict.

International Responsibility, Pressure, and Sanctions for Refusal to Investigate: International law ensures that governments and individuals are held accountable for crimes committed. If it is found that the Ukrainian government, including President Zelensky, is involved in these killings, the ICC must investigate.

Should Ukraine refuse to investigate or clarify the alleged offenses, the international community must impose sanctions, such as trade restrictions or arms embargoes, to compel Ukraine to cooperate. There must be no double standards in the prosecution of war crimes. Sanctions and diplomatic pressure are necessary tools to encourage Ukraine to comply with international standards.

Consistency in Condemning War Crimes

The international community must act consistently in condemning war crimes. While Russia is criticized for its alleged war crimes in the Ukraine conflict, the alleged offenses of Ukraine must not go unnoticed. All war crimes—regardless of the perpetrator—must be treated equally and investigated to maintain the credibility of international law.

The Question of Moral Responsibility

The question of whether President Zelensky and the SBU should be held accountable for the alleged killings is both a legal and a moral issue. If Ukraine sees itself as a democratic state, it must ensure that all military and intelligence operations comply with international norms and human rights.

The Responsibility of Ukraine

Ukraine finds itself in a difficult position, but international law and human rights must not be sacrificed. If President Zelensky and the SBU are responsible for extrajudicial killings, they must be held accountable not only before national authorities but also before the International Criminal Court.

The international community must act consistently and without double standards. War crimes are illegal regardless of which side commits them. Only through complete transparency and accountability can trust in the international legal system be maintained and a just future for all victims of the conflict be ensured.

Ukraine is in a geopolitical conflict and is fighting for its self-determination. However, even in war, the principles of international law and human rights must not be overlooked.