Extract from ABC News
The International Criminal Court (ICC) has issued arrest warrants for two top Russian commanders for suspected war crimes in Ukraine.
The ICC said there were reasonable grounds to believe Sergei Kobylash and Viktor Sokolov were responsible for "missile strikes carried out by the forces under their command against the Ukrainian electric infrastructure".
ICC Prosecutor Karim Khan said in a statement those responsible for actions that impact innocent civilians or protected objects must know they are bound by a set of rules.
"All wars have rules. Those rules bind all without exception," he said.
Mr Khan said he would continue to seek cooperation from Russia, which has so far refused to engage with the ICC.
Russia's defence ministry did not immediately respond to a request for comment.
Arrest warrants provide 'reassurance' to international community
The ICC, based in The Hague in the Netherlands, investigates and tries individuals for war crimes, crimes against humanity, acts of genocide and the crime of aggression.
The Geneva conventions and additional protocols shaped by international courts say that parties involved in a military conflict must distinguish between "civilian objects and military objectives" and that attacks on civilian objects are forbidden.
Australian National University College of Law Professor Donald Rothwell said the arrest warrants should provide "reassurance" to the international community that the ICC was continuing to actively and methodically investigate the situation in Ukraine.
"This is an ongoing process, so there is nothing to suggest it has finished its investigation in Ukraine," he said.
"It is a legitimate expectation that the International Criminal Court will continue to issue arrest warrants."
Professor Rothwell said the move also confirmed that the ICC would issue warrants for the most prominent political and military leaders to put its strongest case forward.
Mr Khan visited Ukraine in March last year to investigate Russia's campaign of missile and drone attacks on power plants and other infrastructure that killed hundreds of civilians and left millions with no electricity or water.
What do we know about the commanders alleged involvement?
According to the ICC, Mr Kobylash, 58, was the commander of the so-called long-range aviation of the Russian air force at the time of the alleged crimes.
Ukrainian military intelligence has said Russian strikes on the densely populated areas in the city of Mariupol were conducted under his command.
Mr Sokolov, 61, was an admiral in the Russian navy who commanded the Black Sea Fleet during the period to which the charges relate, according to the ICC.
On Tuesday, the ICC said the attacks on Ukraine's electrical grid from at least October, 10, 2022, until at least March 9, 2023, caused civilian harm and damage that would have been clearly excessive to any expected military advantage.
"During this time-frame, there was an alleged campaign of strikes against numerous electric power plants and sub-stations, which were carried out by the Russian armed forces in multiple locations in Ukraine," the ICC statement said.
The court said the campaign “qualifies as a course of conduct involving the multiple commission of acts against a civilian population, pursuant to a state policy.”
The judges found “reasonable grounds to believe that the alleged strikes were directed against civilian objects, and for those installations that may have qualified as military objectives at the relevant time, the expected incidental civilian harm and damage would have been clearly excessive to the anticipated military advantage.”
Exact details of specific incidents and possible victims have been kept secret to protect witnesses and safeguard the ongoing investigations, the statement said.
Griffith Law School senior lecturer Emma Palmer said it was interesting the arrest warrants were focused on attacks against Ukraine's electrical grid.
"When these attacks were happening … there were questions raised about whether Russia would ever need to answer to allegations that this amounted to war crimes," Dr Palmer said.
"I think we see part of the answer now."
Dr Palmer said the arrest warrants sent an important signal that damage of this extent to civilian infrastructure "can not be considered as proportionate to any direct military advantage" and that individuals could be held accountable.
"In other words, too, terrorising a population through destroying significant infrastructure is not an acceptable military goal," she said.
"In fact, causing that kind of suffering could be a crime against humanity."
Dr Palmer said these arrest warrants showed the ICC was working "deliberately and with focus" and building "evidence about specific attacks within a confined time period".
How has Ukraine responded to the arrest warrants?
Ukrainian President Volodymyr Zelenskyy has welcomed the ICC's decision.
In a video, Mr Zelenskyy said Russia's long-range aviation and Black Sea fleet carry out "a terrorist campaign against our state and people — strikes against our energy and civil infrastructure."
"Every Russian commander who orders strikes against Ukrainian civilians and critical infrastructure must know that justice will be served," he said.
"Every perpetrator of such crimes must know that they will be held accountable."
Ukrainian prosecutor general Andriy Kostin said the warrants were supported by evidence provided by Ukrainian agencies.
He said they were “another milestone in ensuring justice for all victims and survivors of this war".
Mr Kostin said the crimes were “committed on a massive scale” far from the front lines and with no military justification.
Arrest warrants to be 'ignored' by Russia
In March last year, the ICC issued warrants for the arrest of President Vladimir Putin and Children's Commissioner Maria Lvova-Belova on war crimes charges related to the abduction of Ukrainian children.
Moscow denies war crimes in Ukraine and has dismissed previous ICC war crime arrest warrants as part of a biased Western campaign to discredit Russia.
Russian officials say such warrants have little real-world impact as Moscow is not a member of the court and neither are other major powers, such as the United States and China.
Professor Rothwell said while arrest warrants would "be ignored by Russia", it "puts Australia on notice".
This is because, as a signatory of the Rome Statute, Australia would be required to arrest the men if they travelled to the country.
As a result, the warrants create limitations on a practical level for the two commanders when it comes to travelling outside of Russia, which has been the case for Mr Putin since his arrest warrant.
Mr Putin appeared virtually at the annual BRICS summit in South Africa and did not travel to the G20 summit in India.
ABC/ wires
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