US President Joe Biden has publicly called Russian President Vladimir Putin a war criminal, but legal experts said a prosecution of Putin or other Russian leaders would face high hurdles and could take year
"It's not going to stop the international court from pursuing its prosecution and issuing its arrest warrants," said American University law professor Rebecca Hamilton.The ICC will issue an arrest warrant if prosecutors can show"reasonable grounds to believe" war crimes were committed. To obtain a conviction, the prosecutor would have to prove a defendant's guilt beyond a reasonable doubt, experts said.
“If it keeps happening again and again and the strategy appears to be to target civilians in urban areas, then that can be very powerful evidence of an intent to do so,” said Alex Whiting, a visiting professor at Harvard Law School.A war crimes investigation may focus on soldiers, commanders and heads of state, experts said.
Astrid Reisinger Coracini, lecturer at the University of Vienna Department of International Law, said the ICC team faces a challenge presenting evidence to link crimes on the ground to orders from leaders higher up.WHAT MAKES A WAR CRIME CONVICTION DIFFICULT? In addition to the challenges they face proving intent in many cases and linking leaders directly to specific attacks, prosecutors can have a tough time obtaining evidence, including testimony from witnesses who might be intimidated or otherwise reluctant to speak out.
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