While President Joe Biden has spoken openly about Russian war crimes, his administration has responded more cautiously to any references of genocide in Ukraine. And rightly so; genocide is a complex legal concept, which many experts consider difficult to apply and widely misused.
Contrary to popular understandings of the term, finding a situation to be genocide does not necessarily mean there is an overwhelming number of victims. It is not solely the severity or brutality of atrocities that defines genocide, but the degree to which violence and repression expresses the intent to destroy a group.
In this way, by considering the war in Ukraine through the lens of genocide, we may better explore the underlying patterns and purpose of Russia’s brutal violence and help Ukraine make the case for accountability.
The concept of genocide has special salience in some of the nations that emerged from Soviet control in the post-Cold War era. Several countries have drafted genocide laws that define the crime in a more expansive manner than the international definition.
It is also important discussions of genocide in Ukraine focus on issues of prevention and a reduction of civilian casualties. The 1948 treaty on the subject is called The Convention on the Prevention and Punishment of the Crime of Genocide and was created in direct response to the horrors of the Holocaust.
The treaty was envisioned as mechanism for mobilizing international action to prevent future genocides from occurring, echoing the moral commitment of the phrase, “Never again.” While the document provides minimal guidance as to exactly what policy responses are required, the US and other states that have ratified the treaty are obligated to act to prevent genocide.
For these reasons, the Biden administration should present clear public statements it takes the allegations of genocide in Ukraine seriously and should establish a special body to review Russia’s atrocities. By considering whether the war in Ukraine amounts to a genocide, we may better understand the intent of Russian aggression, justify increased protection for civilians, and set the stage for future efforts at accountability.
Source : Nbcnewyork