SSRN Id4393282

EARLY DRAFT-COMMENTS WELCOME- 3/19/2023 6:06 PM
PUTIN, RUSSIA AND UKRAINE: INTERNATIONAL HUMAN RIGHTS

VIOLATIONS, WAR CRIMES, & FUTURE IMPLICATIONS
[Pre-Publication Draft]
Lawrence J. Trautman*
Maia McFarlin**
* BA, The American University; MBA, The George Washington

University; J.D., Oklahoma City University School of Law. Mr. Trautman
is Associate Professor of Business Law and Ethics at Prairie View A&M
University; Associate Professor, Texas A&M University School of Law
(By Courtesy); External Affiliate, Indiana University Bloomington,
Ostrom Workshops in Data Management & Information Governance, and
Cybersecurity & Internet Governance. Professor Trautman is a past
president of the New York and Washington, DC/Baltimore chapters of the
National Association of Corporate Directors (NACD). He may be
contacted at Lawrence.J.Trautman@gmail.com.
** BA (political science and government), Prairie View A&M University;

JD (candidate) Howard University School of Law (expected May 2025).
She may be contacted at maiamcfarlin@gmail.com.
ABSTRACT
On February 24, 2022, Russian forces invaded Ukraine. Since then, violence has
been used by Vladimir Putin’s Russian army to take control of much of Ukraine. As
observed by multiple political analysts, economists, and world leaders, Russia’s invasion
of Ukraine is an extremely significant international event with rippling effects. As the
conflict enters its second year, U.S. Vice President Kamala Harris, “reaffirmed America’s
unwavering support for Ukraine, and directed here strongest comments against Russia,
saying that it must be held responsible for its ‘barbaric’ actions in the war.” Vice
President Harris continues her remarks before the Munich Security Conference,
“Describing the Russian forces’ ‘gruesome acts of murder,’ torture, rape and deportation,
she sent a stark warning to Moscow, promising to hold to account ‘all those who have
perpetrated these crimes and to their superiors who are complicit in these crimes.” This
Article seeks to apply contemporary international legal principles to the current conflict
and to analyze future implications.
The international community has established treaties and laws to prevent the exact
kind of violence carried out by Russian forces. From the Geneva Conventions to the
Rome Statute, Russia’s violations of international law are obvious and inexcusable. We
believe our research helps to document the importance of the global response to these
potential charges including, genocide, crimes of aggression, and myriad war crimes. The
United States and entire NATO alliance should prepare to respond to continued Russian
threats. Meanwhile, Ukrainians will continue to suffer at the hands of Russian forces until
Putin is stopped. By Spring 2023, reports emerge that The International Criminal Court is
considering bringing two war crimes cases alleging that, “Russia abducted Ukrainian
© 2022-23 Lawrence J. Trautman & Page 1 All rights reserved

Maia McFarlin
Electronic copy available at: https://ssrn.com/abstract=4393282

children and teenagers and sent them to Russian re-education camps, and that the
Kremlin deliberately targeted (destruction of) civilian infrastructure.” We believe this
Article contributes to the literature as we seek to apply contemporary international legal
principles to the current conflict and to analyze future implications of these important
developments.
We proceed in nine parts. First is a short summary detailing the history of Russia-
Ukraine relations. Second, we review the Russian invasion of Ukraine during 2022 and
2023. Third, we document reports of war crimes and human rights abuses by Russian
forces in Ukraine. Fourth, is an overview and explanation of relevant international law
with an analysis of potential legal remedies under international law. Fifth, we evaluate
the potential outcomes and impact on global diplomacy and the economy. Sixth is an
examination of the impact of technology on warfare. Seventh, we discuss relevant matters
involving the U.S. Department of State. Eighth, is a discussion of the role of the U.S.
Department of Justice in this controversary. Finally, we conclude.
Keywords: China, Crimes Against Humanity, cyber, Human Rights Violations,

International Court of Justice (ICJ), International Criminal Court (ICC), International
Relations, Minsk Agreements, NATO, Vladimir Putin, Russia, Ukraine, United Nations,
War Crimes
JEL Classifications:
Word Count (including footnotes) = 19,017
CONTENTS
OVERVIEW ............................................................................................................................... 4
I. RUSSIA AND UKRAINE: A BRIEF HISTORY............................................................. 6
Russian 2014 Invasion and Occupation of Ukraine........................................................ 10
II. RUSSIAN INVASION AND OCCUPATION 2022 ...................................................... 11
Events Leading Up to Invasion ..................................................................................... 12
Russia Invades .............................................................................................................. 18
III. VIOLATIONS AND WAR CRIMES IN UKRAINE ..................................................... 19
Recognition of Human Rights Abuses ........................................................................... 20
U.S. Findings of War Crimes ........................................................................................ 24
IV. INTERNATIONAL LAW & PATHS FOR REMEDY & RETRIBUTION..................... 25
United Nations.............................................................................................................. 26
International Court of Justice (ICJ) and International Criminal Court (ICC) .................. 27
Genocide ...................................................................................................................... 31
Putin Indicted for War Crimes ...................................................................................... 32

Maia McFarlin

International Court of Justice ........................................................................................ 34

United Nations Developments....................................................................................... 37
Atrocity Crimes Advisory Group (ACA)....................................................................... 39
Ukraine Now Candidate to Join European Union .......................................................... 40
Failure of International Organizations to Date ............................................................... 40
V. ECONOMIC AND FINANCIAL MARKET IMPLICATIONS ..................................... 41
VI. TECHNOLOGY AND WARFARE .............................................................................. 45
Impact of Artificial Intelligence .................................................................................... 47
Warfare Economics ...................................................................................................... 47
Russian Use of Cyber as a Weapon ............................................................................... 48
VII. U.S. DEPARTMENT OF STATE ................................................................................. 50
Sanctions ...................................................................................................................... 50
China and Ukraine ........................................................................................................ 54
VIII. THE U.S. DEPARTMENT OF JUSTICE ...................................................................... 55
Human Rights and Special Prosecutions Section (HRSP) .............................................. 55
Human Rights Violations and Extraterritorial Violent Crime ......................................... 56
War Crimes Accountability Team ................................................................................. 56
Corrupt Russian Oligarchs and Task Force KleptoCapture ............................................ 58
Focus on Illicit Finance................................................................................................. 59
IX. CONCLUSION ............................................................................................................ 60

Maia McFarlin

PUTIN, RUSSIA AND UKRAINE: INTERNATIONAL HUMAN RIGHTS

VIOLATIONS, WAR CRIMES, & FUTURE IMPLICATIONS
OVERVIEW
We didn't start the war, we were not the first to shoot and
we were not the first to attack. We defend Ukraine, which is
a sovereign, independent, democratic, social and legal
state. Taking up arms, we did not hesitate, as at a
crossroads. We did not choose whether to defend the first
article of the Constitution or to adhere to the first
commandment of God. God is on our side, he says that
defending your home from evil is not a sin. It is a sin not to
defend it.
Our sovereignty extends to the entire territory. We
are a unitary state. Our territory within the existing
borders is integral and inviolable.
Volodymyr Zelenskyy
President of Ukraine
Before Meeting of the G7
June 27, 20221
On February 24, 2022, Russian forces invaded Ukraine. Since then, violence has
been used by Vladimir Putin’s Russian army to take control of much of Ukraine.2 As
observed by multiple political analysts, economists, and world leaders, Russia’s invasion
of Ukraine is an extremely significant international event with rippling effects. As the
conflict enters its second year, U.S. Vice President Kamala Harris, “reaffirmed America’s
unwavering support for Ukraine, and directed here strongest comments against Russia,
saying that it must be held responsible for its ‘barbaric’ actions in the war.”3 Vice
1
Address of Volodymyr Zelenskyy on the Occasion of the Constitution Day of Ukraine, President
of Ukraine Volodymyr Zelenskyy Official Website (June 28, 2022),
https://www.president.gov.ua/en/news/zvernennya-prezidenta-volodimira-zelenskogo-z-nagodi-
dnya-ko-76093.
2
Lynsey Addario & Andrew Kramer, Trading Books for a Rifle, N.Y. TIMES, Feb. 19, 2023 at
Y11.
3
Michael Crowley & David E. Sanger, Harris Accuses Russia of Committing ‘Crimes Against
Humanity,’ N.Y. TIMES, Feb. 19, 2023 at Y12.

Maia McFarlin

President Harris continues her remarks before the Munich Security Conference,
“Describing the Russian forces’ ‘gruesome acts of murder,’ torture, rape and deportation,
she sent a stark warning to Moscow, promising to hold to account ‘all those who have
perpetrated these crimes and to their superiors who are complicit in these crimes.”4 A
year after the invasion, Europe is in crisis: “A continent on autopilot, lulled into amnesia,
has been galvanized into an immense effort to save liberty in Ukraine, a freedom widely
seen as synonymous with its own.”5 By Spring 2023, reports emerge that The
International Criminal Court is considering bringing two war crimes cases alleging that,
“Russia abducted Ukrainian children and teenagers and sent them to Russian re-education
camps, and that the Kremlin deliberately targeted (destruction of) civilian
infrastructure.”6 We believe this Article contributes to the literature as we seek to apply
contemporary international legal principles to the current conflict and to analyze future
implications of these important developments.
We proceed in nine parts. First is a short summary detailing the history of Russia-
Ukraine relations. Second, we review the Russian invasion of Ukraine during 2022 and
2023. Third, we document reports of war crimes and human rights abuses by Russian
forces in Ukraine. Fourth, is an overview and explanation of relevant international law
with an analysis of potential legal remedies under international law. Fifth, we evaluate
the potential outcomes and impact on global diplomacy and the economy. Sixth is an
examination of the impact of technology on warfare. Seventh, we discuss relevant matters
4
Id.
5
Roger Cohen, Year of Conflict Has Left Europe Forever Changed, N.Y. TIMES, Feb. 26, 2023 at
A1.
6
Marlise Simons, International Court to Open War Crimes Cases Against Russia, Officials Say,
N.Y. TIMES, Mar. 13, 2023, https://www.nytimes.com/2023/03/13/world/europe/icc-war-crimes-
russia-ukraine.html.

Maia McFarlin

involving the U.S. Department of State. Eighth, is a discussion of the role of the U.S.
Department of Justice in this controversary. Finally, we conclude.
The international community has established treaties and laws to prevent the exact
kind of violence carried out by Russian forces. From the Geneva Conventions to the
Rome Statute, Russia’s violations of international law are obvious and inexcusable. We
believe our research helps to document the importance of the global response to these
potential charges including, genocide, crimes of aggression, and myriad war crimes. The
threats. Meanwhile, Ukrainians will continue to suffer at the hands of Russian forces until
Putin is stopped.
I. RUSSIA AND UKRAINE: A BRIEF HISTORY
We have no choice but to defend our choice. It is our

obligation to protect our rights. Rights guaranteed by the
Constitution.
An inalienable right to life that Russia has violated
tens of thousands of times and claimed tens of thousands of
lives. It is the inviolability of home, which is violated every
day and night by its missiles, bombs and bullets.
Volodymyr Zelenskyy
President of Ukraine
Before Meeting of the G7
June 27, 20227
The recent Russian invasion of Ukraine is not an isolated incident. Rather, it
reflects a centuries’ old history between Russia and Ukraine. To properly understand the
significance of recent developments, it is critical to review the legacy of this history. It is
7
Address of Volodymyr Zelenskyy on the Occasion of the Constitution Day of Ukraine, President
of Ukraine Volodymyr Zelenskyy Official Website (June 28, 2022),
https://www.president.gov.ua/en/news/zvernennya-prezidenta-volodimira-zelenskogo-z-nagodi-
dnya-ko-76093.

Maia McFarlin

widely accepted that Putin promotes a version of events that do not accurately depict the
full story of Ukraine’s long fight for independence. This is a prime example of how
Putin’s autocratic regime attempts to maintain control and legitimacy through widespread
misinformation.
Russia & Ukraine’s long dispute over power and independence began in the 18th
century. In the late 1700’s, Catherine II, more commonly referred to as Catherine the
Great, ruled the Russian empire.8 Under her reign Russia’s territory grew significantly,
expanding over 200,000 square miles westward and southward.9 It was Catherine the
Great who conquered Ukraine and made it a part of Russia.10 Despite Ukraine remaining
under the Russian empire for an extensive period afterward, “it was a separate entity from
the beginning … It always had its own language. It always had its own status inside the
USSR”.11 Though Putin asserts that Ukraine is fundamentally part of Russia, Ukraine has
always had its own separate, distinct culture and history.
In the early 1900s, Ukraine made its first modern struggle for independence.12
The Ukrainian People’s Republic was formed in 1917, but victory was short lived.13
“Russia soon wrested back control of Ukraine,” and retained power over the territory
until World War II.14 In the “early 1930s,” Ukrainians suffered from a “human-made
famine … the direct result of Soviet policies aimed at punishing Ukrainian farmers who
8
Tucker Reals & Alex Sundby, “Russia’s war in Ukraine: How it came to this.” CBS News,
(March 23, 2022).
9
Zoé Oldenbourg-Idalie, “Catherine the Great: Empress of Russia.” Britannica World Leaders.
https://www.britannica.com/biography/Catherine-the-Great (2022).
10
Katya Cengel, “The 20th-Century History Behind Russia’s Invasion of Ukraine.” Smithsonian
Magazine, https://www.smithsonianmag.com/history/the-20th-century-history-behind-russias-
invasion-of-ukraine-180979672/ (March 4, 2022).
11
Reals & Sundby, supra note 8.
12
Cengel, supra note 10.
13
Id.
14
Id.

Maia McFarlin

fought Soviet mandate to collectivize”.15 The tragedy is known as Holodomor and is
responsible for the deaths of “around 3.9 million people, or approximately 13 percent of
the Ukrainian population,” at the time.16 Further, the Soviets pushed a “Russification
campaign,” that villainized essential elements of Ukrainian culture and promoted Russian
culture as superior.17 In 1941, Nazi Germany seized authority of Ukraine, leading to a
series of disputed events in history.18 Putin conveniently characterizes Ukraine as a “Nazi
nation”.19 The truth is far more complex.
Nazi Germany restored and encouraged pride in Ukrainian culture during its
occupation of the territory.20 Some Ukrainians saw Germany as their savior, though most
“didn’t particularly want to live under the Germans so much as escape the Soviets”.21
There was a larger hope of becoming independent under Germany than under the USSR,
which underlies the resulting collaboration of Ukrainians with Nazi Germany. The reality
is that Ukraine did participate in the atrocities of the Holocaust. “According to the
National WWII Museum, one in every four Jewish victims of the Holocaust was
murdered in Ukraine”.22 However, to depict Ukraine as intrinsically Nazi would be a
misrepresentation. In fact, in recent years the country has been making strides to
acknowledge its role in the Holocaust and to establish its condemnation of Nazi ideals.23
“Ukraine’s current president, Volodymyr Zelenskyy, is Jewish”.24 At the end of World
War II, Ukraine returned to USSR control. The collapse of the Soviet Union in 1991
15
Id.
16
Id.
17
Id.
18
Id.
19
Id.
20
21
22
Katya Cengel, Id.
23
24

Maia McFarlin

marked the declaration of Ukraine’s independence.25 “At the time, a substantial portion of
the Soviet nuclear arsenal was housed within Ukraine's borders, and it agreed to transfer
those weapons to Russia”. 26
Once independent, Ukraine set its sights on becoming a member of the North
Atlantic Treaty Organization (NATO).27 NATO was formed in 1949 after World War II
with a mission “to safeguard the Allies’ freedom and security by political and military
means”.28 There are 30 member states from Europe and North America.29 NATO is a
core representation of the West and is aimed at protecting Western political ideas like
democracy. A key component of NATO’s agreement is that if any of the member states
are attacked, the other member states will supply necessary military support.30 It is,
therefore, unsurprising that Putin is vehemently against Ukraine joining NATO. If
Ukraine were to be admitted as a member state, any infringement on the country’s
borders (by Russia or otherwise) would mean United States military on the ground right
next to Russia. Ukraine’s desire for NATO membership is “a cornerstone of its national
security policy, and it refused to back down from that ambition … even [though] before
the current conflict there was no discussion of Ukraine being admitted to the alliance
anytime soon”.31 As Russian aggression continued during 2022 and 2023, Finland and
Sweden take steps to join NATO.32 Finland’s Parliament on March 2, 2023,
“overwhelmingly passed all the legislation necessary for joining NATO, subject only to
25
26
Id.
27
“Overview,” About NATO, North Atlantic Treaty Organization. (2022),
https://nato.usmission.gov/about-nato/ (last viewed May 1, 2022).
28
Id.
29
Id.
30
Id.
31
32
Steven Erlanger & Andrew Higgins, Finland on Cusp of Joining NATO, But Most Likely Not
With Sweden, N.Y. TIMES, Mar. 2, 2023, at A11.

Maia McFarlin

the ratification of its bid by the Parliaments of Turkey and Hungary… Sweden’s
application had been held up by Turkey.”33
Russian 2014 Invasion and Occupation of Ukraine
In 2014 Russia invaded the Crimean Peninsula, annexing an area of Ukrainian
territory.34 “The annexation is not recognized by the international community, but Russia
has indisputably controlled the territory since 2014.”35 Despite general international
disdain for the invasion, Putin met relatively small retaliation. One might argue that the
annexation of the Crimean Peninsula was Putin’s way of ‘testing the waters.’ One of
Putin’s goals “is to keep Ukraine — the second-largest country on the continent — from
making common cause with the democracies of Europe.”36 Putin disguises this goal by
proclaiming his ambitions for the “demilitarization and de-Nazification of Ukraine” and
the “restoration” of the Russian Empire.37 Many political analysts argue that Putin fears
the threat of “a functioning, successful, prosperous democracy in Ukraine,” which might
“give people in Russia the idea that they, too, could enjoy what Ukraine enjoys, and rise
up against his autocratic rule.”38 Secretary of State Anthony Blinken recalls that “After
Russia invaded and partially occupied Ukraine in 2014, the United States intensified
efforts to help Ukraine deter further Russian aggression, and, if needed, to defend itself
from additional attacks.”39 On February 14, 2022, Secretary Blinken reports that
“Between 2014 and 2016, the United States issued three separate $1 billion sovereign
33
Id.
34
35
Id.
36
Id.
37
See Cengel, supra note 10; Reals & Sundby, supra note 8.
38
39
Press Release, Additional Military Assistance for Ukraine, U.S. Dept. of State (Feb. 26, 2022),
https://www.state.gov/additional-military-assistance-for-ukraine/.

Maia McFarlin

loan guarantees to Ukraine. These loan guarantees played a critical role in helping
Ukraine successfully stabilize its economy amid previous Russian aggression and
implement a bold economic reform agenda underpinned by ambitious cooperation with
the IMF.”40 The current situation between Russia and Ukraine is fueled by this
convoluted history and shaped by international power dynamics.
II. RUSSIAN INVASION AND OCCUPATION 2022
Since launching his unprovoked and unjust war of choice,

Russian President Vladimir Putin has unleashed
unrelenting violence that has caused death and destruction
across Ukraine. We’ve seen numerous credible reports of
indiscriminate attacks and attacks deliberately targeting
civilians, as well as other atrocities. Russia’s forces have
destroyed apartment buildings, schools, hospitals, critical
infrastructure, civilian vehicles, shopping centers, and
ambulances, leaving thousands of innocent civilians killed
or wounded. Many of the sites Russia’s forces have hit
have been clearly identifiable as in-use by civilians. This
includes the Mariupol maternity hospital, as the UN Office
of the High Commissioner for Human Rights expressly
noted in a March 11 report. It also includes a strike that
hit a Mariupol theater, clearly marked with the word
“дети” — Russian for “children” — in huge letters visible
from the sky. Putin’s forces used these same tactics in
Grozny, Chechnya, and Aleppo, Syria, where they
intensified their bombardment of cities to break the will of
the people. Their attempt to do so in Ukraine has again
shocked the world and, as President Zelenskyy has soberly
attested, “bathed the people of Ukraine in blood and
tears.”
Antony J. Blinken
U.S. Secretary of State
March 23, 202241
40
Press Release, U.S. Action to Strengthen Ukraine’s Economy, U.S. Dept. of State (Feb. 14,
2022), https://www.state.gov/u-s-action-to-strengthen-ukraines-economy/.
41
War Crimes by Russia’s Forces in Ukraine, Statement by Secretary Antony J. Blinken, U.S.
Dept. of State (March 23, 2022), https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/.

Maia McFarlin

Events Leading Up to Invasion
In retrospect, our research indicates a pattern of numerous documented phone
calls by Secretary Anthony Blinken to his counterparts and world leaders during the days
immediately leading up to the invasion in an effort to respond to the Russian threat.
Accordingly, readouts have been made public regarding Secretary Blinken’s calls to
NATO Secretary General Jens Stoltenberg (underscoring U.S. readiness to impose
severe, swift costs on Russia),42 and numerous calls to Ukrainian Foreign Minister
Kuleba (indicating continued support),43 just to name a few. By February 11, 2022 in
Washington, the U.S. Department of State “directed most remaining embassy staff still
located in Ukraine to depart the country immediately… [and] As of Sunday, February 13,
we are suspending consular services at Embassy Ukraine… [noting] it appears
increasingly likely that… this situation is headed, towards some sort of active conflict.”44
Just two days later it is announced that “we are in the process of temporarily relocating
our Embassy operations in Ukraine from our Embassy in Kyiv to Lviv due to the
dramatic acceleration in the Buildup of Russian forces.”45
Then, on February 16, 2022 we learn that “The Russian Duma has stated that it
plans to send to President Putin an appeal to recognize the so-called Donetsk and Luhansk
42
Readout, Secretary Blinken’s Call With NATO Secretary General Stoltenberg, U.S. Dept. of
State (Feb. 10, 2022), https://www.state.gov/secretary-blinkens-call-with-nato-secretary-general-
stoltenberg-13/.
43
Readout, Secretary Blinken’s Call With Ukrainian Foreign Minister Kuleba, U.S. Dept. of State
(Feb. 28, 2022), https://www.state.gov/secretary-blinkens-call-with-ukrainian-foreign-minister-
kuleba-10/; Readout, Secretary Blinken’s Call With Ukrainian Foreign Minister Kuleba (March 2,
2022).
44
Special Briefing, A Senior State Department Official On Our Diplomatic Presence in Ukraine,
U.S. Dept. of State (Feb. 12, 2022), https://www.state.gov/a-senior-state-department-official-on-
our-diplomatic-presence-in-ukraine/.
45
Press Release, Operations at U.S. Embassy Kyiv, U.S. Dept. of State (Feb. 14, 2022),
https://www.state.gov/operations-at-u-s-embassy-kyiv/.

Maia McFarlin

People’s Republics as ‘independent.’”46 This means that “Kremlin approval of this appeal
would amount to the Russian government’s wholesale rejection of its commitments under the
Minsk agreements, which outline the process for the full political, social, and economic
reintegration of those parts of Ukraine’s Donbas region controlled by Russia-led forces and
political proxies since 2014.”47 The U.S. State Department states “Enactment of this
[Russian] resolution would further undermine Ukraine’s sovereignty and territorial integrity,
constitute a gross violation of international law, call into further question Russia’s stated
commitment to continue to engage in diplomacy.”48 Because of its historical significance and
potential lessons to be learned that may reduce the likelihood of acts of aggression during the
future, we have decided to include the full text of U.S. Secretary of State Antony J. Blinken’s
February 17, 2022 remarks at the UN Security Council as follows:
Mr. President, this council was convened today to discuss the implementation
of the Minsk Agreements, a goal that we all share, despite Russia’s persistent
violations. These agreements, which were negotiated in 2014 and 2015 and
signed by Russia, remain the basis for the peace process to resolve the
conflict in eastern Ukraine.
This council’s primary responsibility – the very reason for its creation
– is the preservation of peace and security. As we meet today, the most
immediate threat to peace and security is Russia’s looming aggression against
Ukraine.
The stakes go far beyond Ukraine. This is a moment of peril for the
lives and safety of millions of people, as well as for the foundation of the
United Nations Charter and the rules-based international order that preserves
stability worldwide. This crisis directly affects every member of this council
and every country in the world.
Because the basic principles that sustain peace and security –
principles that were enshrined in the wake of two world wars and a Cold War
– are under threat. The principle that one country cannot change the borders
of another by force. The principle that one country cannot dictate another’s
choices or policies, or with whom it will associate. The principle of national
sovereignty.
46
Press Release, Russian Duma Resolution on Eastern Ukraine, U.S. Dept. of State (Feb. 16,
2022), https://www.state.gov/russian-duma-resolution-on-eastern-ukraine/.
47
Id.
48
Id.

Maia McFarlin

This is the exact kind of crisis that the United Nations – and
specifically this Security Council – was created to prevent.
We must address what Russia is doing right now to Ukraine.
Over the past months, without provocation or justification, Russia has
amassed more than 150,000 troops around Ukraine’s borders, in Russia,
Belarus, occupied Crimea. Russia says it’s drawing down those forces. We
do not see that happening on the ground. Our information indicates clearly
that these forces – including ground troops, aircraft, ships – are preparing to
launch an attack against Ukraine in the coming days.
We don’t know precisely how things will play out, but here’s what
the world can expect to see unfold. In fact, it’s unfolding right now, today, as
Russia takes steps down the path to war and reissued the threat of military
action.
First, Russia plans to manufacture a pretext for its attack. This could
be a violent event that Russia will blame on Ukraine, or an outrageous
accusation that Russia will level against the Ukrainian Government. We
don’t know exactly the form it will take. It could be a fabricated so-called
“terrorist” bombing inside Russia, the invented discovery of a mass grave, a
staged drone strike against civilians, or a fake – even a real – attack using
chemical weapons. Russia may describe this event as ethnic cleansing or a
genocide, making a mockery of a concept that we in this chamber do not take
lightly, nor do I do take lightly based on my family history.
In the past few days, Russian media has already begun to spread some
of these false alarms and claims, to maximize public outrage, to lay the
groundwork for an invented justification for war. Today, that drumbeat has
only intensified in Russia’s state-controlled media. We’ve heard some of
these baseless allegations from Russian-backed speakers here today.
Second, in response to this manufactured provocation, the highest
levels of the Russian Government may theatrically convene emergency
meetings to address the so-called crisis. The government will issue
proclamations declaring that Russia must respond to defend Russian citizens
or ethnic Russians in Ukraine.
Next, the attack is planned to begin. Russian missiles and bombs will
drop across Ukraine. Communications will be jammed. Cyberattacks will
shut down key Ukrainian institutions.
After that, Russian tanks and soldiers will advance on key targets that
have already been identified and mapped out in detailed plans. We believe
these targets include Russia’s capital –Ukraine’s capital, Kyiv, a city of 2.8
million people.
And conventional attacks are not all that Russia plans to inflict upon
the people of Ukraine. We have information that indicates Russia will target
specific groups of Ukrainians.
We’ve been warning the Ukrainian Government of all that is coming.
And here today, we are laying it out in great detail, with the hope that by
sharing what we know with the world, we can influence Russia to abandon
the path of war and choose a different path while there’s still time.

Maia McFarlin

Now, I am mindful that some have called into question our

information, recalling previous instances where intelligence ultimately did not
bear out. But let me be clear: I am here today, not to start a war, but to
prevent one. The information I’ve presented here is validated by what we’ve
seen unfolding in plain sight before our eyes for months. And remember that
while Russia has repeatedly derided our warnings and alarms as melodrama
and nonsense, they have been steadily amassing more than 150,000 troops on
Ukraine’s borders, as well as the capabilities to conduct a massive military
assault.
It isn’t just us seeing this: Allies and partners see the same thing. And
Russia hasn’t only been hearing from us. The international chorus has grown
louder and louder.
If Russia doesn’t invade Ukraine, then we will be relieved that Russia
changed course and proved our predictions wrong. That would be a far better
outcome than the course we’re currently on. And we will gladly accept any
criticism that anyone directs at us.
As President Biden said, this would be a war of choice. And if Russia
makes that choice, we’ve been clear, along with Allies and partners, that our
response will be sharp and decisive. President Biden reiterated that forcefully
earlier this week.
There is another choice Russia can still make, if there is any truth to
its claim that it is committed to diplomacy.
Diplomacy is the only responsible way to resolve this crisis. An
essential part of this is through implementation of the Minsk agreements, the
subject of our session today.
There are a series of commitments that Russia and Ukraine made
under Minsk, with the OSCE and the Normandy Format partners involved as
well.
If Russia is prepared to sit with the Ukrainian Government and work
through the process of implementing these commitments, our friends in
France and Germany stand ready to convene senior-level discussions in the
Normandy Format to settle these issues. Ukraine is ready for this. And we
stand fully ready to support the parties.
Progress toward resolving the Donbas crisis through the Minsk
Agreements can reinforce the broader discussions on security issues that
we’re prepared to engage in with Russia, in coordination with our Allies and
partners.
More than three weeks ago, we provided Russia with a paper that
detailed concrete, reciprocal steps that we can take in the near term to address
our respective concerns and advance the collective security interests of
Russia, the United States, and our European partners and allies. This morning,
we received a response, which we are evaluating.
Earlier today, I sent a letter to Russia’s Foreign Minister Sergey
Lavrov proposing that we meet next week in Europe, following on our talks
in recent weeks, to discuss the steps that we can take to resolve this crisis

Maia McFarlin

without conflict. We are also proposing meetings of the NATO-Russia

Council and the OSCE Permanent Council.
These meetings can pave the way for a summit of key leaders, in the
context of de-escalation, to reach understandings on our mutual security
concerns. As lead diplomats for our nations, we have a responsibility to make
every effort for diplomacy to succeed, to leave no diplomatic stone unturned.
If Russia is committed to diplomacy, we are presenting every
opportunity for it to demonstrate that commitment.
I have no doubt that the response to my remarks here today will be
more dismissals from the Russian Government about the United States
stoking hysteria or that it has “no plans” to invade Ukraine.
So let me make this simple. The Russian Government can announce
today – with no qualification, equivocation, or deflection – that Russia will
not invade Ukraine. State it clearly. State it plainly to the world. And then
demonstrate it by sending your troops, your tanks, your planes back to their
barracks and hangars and sending your diplomats to the negotiating table.
In the coming days, the world will remember that commitment – or
the refusal to make it. I yield the floor.49
Just days later the G7 foreign ministers of Canada, France, Germany, Italy, Japan, the
United Kingdom, the United States of America, and the High Representative of the European
Union released the following statement which we reproduce in part as follows:
We, the G7 Foreign Ministers of Canada, France, Germany, Italy, Japan, the
United Kingdom and the United States of America and the High
Representative of the European Union, remain gravely concerned about
Russia’s threatening military build-up around Ukraine, in illegally annexed
Crimea and in Belarus. Russia’s unprovoked and unjustified massing of
military forces, the largest deployment on the European continent since the
end of the Cold War is a challenge to global security and the international
order.
We call on Russia to choose the path of diplomacy, to de-escalate
tensions, to substantively withdraw military forces from the proximity of
Ukraine’s borders and to fully abide by international commitments including
on risk reduction and transparency of military activities. As a first step, we
expect Russia to implement the announced reduction of its military activities
along Ukraine’s borders. We have seen no evidence of this reduction. We
will judge Russia by its deeds…
Any threat or use of force against the territorial integrity and
sovereignty of states goes against the fundamental principles that underpin
49
Remarks, Secretary Antony J. Blinken on Russia's Threat to Peace and Security at the UN Security
Council (Feb. 17, 2022), https://www.state.gov/secretary-antony-j-blinken-on-russias-threat-to-peace-
and-security-at-the-un-security-council/.

Maia McFarlin

the rules-based international order as well as the European peace and security
order enshrined in the Helsinki Final Act, the Paris Charter and other
subsequent OSCE declarations. While we are ready to explore diplomatic
solutions to address legitimate security concerns, Russia should be in no
doubt that any further military aggression against Ukraine will have massive
consequences, including financial and economic sanctions on a wide array of
sectoral and individual targets that would impose severe and unprecedented
costs on the Russian economy. We will take coordinated restrictive measures
in case of such an event.
We reaffirm our solidarity with the people of Ukraine and our support
to Ukraine’s efforts to strengthen its democracy and institutions, encouraging
further progress on reform. We consider it of utmost importance to help
preserve the economic and financial stability of Ukraine and the well-being of
its people. Building on our assistance since 2014, we are committed to
contribute, in close coordination with Ukraine’s authorities to support the
strengthening of Ukraine’s resilience.
We reiterate our unwavering commitment to the sovereignty and
territorial integrity of Ukraine within its internationally recognized borders
and territorial waters. We reaffirm the right of any sovereign state to
determine its own future and security arrangements. We commend Ukraine’s
posture of restraint in the face of continued provocations and efforts at
destabilization.
We underline our strong appreciation and continued support for
Germany’s and France’s efforts through the Normandy Process to secure the
full implementation of the Minsk Agreements, which is the only way forward
for a lasting political solution to the conflict in eastern Ukraine. We
acknowledge public statements by President Zelensky underlining Ukraine’s
firm commitment to the Minsk Agreements and his readiness to contribute
constructively to the process. Ukrainian overtures merit serious consideration
by Russian negotiators and by the Government of the Russian Federation. We
call on Russia to seize the opportunity which Ukraine’s proposals represent
for the diplomatic path.
Russia must de-escalate and fulfil its commitments in implementing
the Minsk Agreements. The increase in ceasefire violations along the line of
contact in recent days is highly concerning. We condemn the use of heavy
weaponry and indiscriminate shelling of civilian areas, which constitute a
clear violation of the Minsk Agreements. We also condemn that the Russian
Federation continues to hand out Russian passports to the inhabitants of the
non-government controlled areas of Ukraine. This clearly runs counter to the
spirit of the Minsk agreements.
We are particularly worried by measures taken by the self-proclaimed
“People’s Republics” which must be seen as laying the ground for military
escalation. We are concerned that staged incidents could be used as a pretext
for possible military escalation. Russia must use its influence over the self-
proclaimed republics to exercise restraint and de-escalate.

Maia McFarlin

In this context, we firmly express our support for the OSCE’s Special
Monitoring Mission, whose observers play a key role in de-escalation efforts.
This mission must be allowed to carry out its full mandate without restrictions
to its activities and freedom of movement to the benefit and security of the
people in eastern Ukraine.50
Russia Invades
On February 24, 2022, a full-scale invasion was launched by Russia against
Ukraine, “the largest mobilization of forces Europe has seen since 1945… So far,
Moscow has been denied the swift victory it anticipated, and has failed to capture major
cities across the country, including Kiev, the capital.”51 The New York Times warns:
The invasion threatens to destabilize the already volatile post-Soviet

region, with serious consequences for the security structure that has
governed Europe since the 1990s…
With the war grinding on, U.S. intelligence agencies say Mr. Putin
has been frustrated by the slow pace of the military advance and Russian
commanders have been increasingly intensifying indiscriminate attacks on
civilian targets and infrastructure and resorting to tactics used in previous
wars in Chechnya and Syria. Mariupol. Kharkiv. Chernihiv. Sumy.
Okhtyrka. Hostomel. Irpin. The list of Ukrainian cities turned to ruins
keeps growing.
The war has unleashed a devastating humanitarian toll and claimed
thousands of lives. It has also prompted more than three million people to
flee Ukraine, spurring what the United Nations has called the fastest-
growing refugee crisis since World War II.52
50
Press Release, G7 Foreign Ministers' Statement on Russia and Ukraine, U.S. Dept. of State (Feb. 19,
2022), https://www.state.gov/g7-foreign-ministers-statement-on-russia-and-ukraine-2/.
51
Dan Bilefsky, Richard Pérez-Peña & Eric Nagourney, The Roots of the Ukraine War: How the
Crisis Developed, N.Y. TIMES, Oct. 12, 2022, https://www.nytimes.com/article/russia-ukraine-
nato-europe.html.
52
Id.

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III. VIOLATIONS AND WAR CRIMES IN UKRAINE
And today, at this Munich Security Conference, I will

describe what we all continue to have at stake: the moral
interest, the strategic interest, and the reason Ukraine
matters for the people of America, for the people of Europe,
and for people around the world. First, from the starting
days of this unprovoked war, we have witnessed Russian
forces engage in horrendous atrocities and war crimes.
Their actions are an assault on our common values, an
attack on our common humanity. And let us be clear:
Russian forces have pursued a widespread and systemic
attack against a civilian population — gruesome acts of
murder, torture, rape, and deportation. Execution-style
killings, beatings, and electrocution.
Russian authorities have forcibly deported hundreds of
thousands of people from Ukraine to Russia, including
children. They have cruelly separated children from their
families. And we’ve all seen the images of the theater in
Mariupol, where hundreds of people were killed. Think of
the image of the pregnant mother who was killed following
a strike at a maternity hospital, where she was preparing to
give birth. Think of the images of Bucha. Civilians shot in
cold blood. Their bodies left in the street. The jarring
photograph of the man who was riding his bike. Think of
the four-year-old girl who the United Nations recently
reported was sexually assaulted by a Russian soldier. A
four-year-old child.
Barbaric and inhumane.
U.S. Vice President Kamala Harris
Remarks at Munich Security Conference
February 18, 202353
Since Russia’s invasion of Ukraine, reporters and human rights investigators have
documented numerous brutalities. It can be easy to become consumed with the political
and economic implications of recent developments. Above all else, it is important to be
cognizant of the real people whose lives have been upended or ended altogether by this
conflict. Putin’s goal is to reclaim Ukraine as part of Russia, and the Russian forces are
53
Remarks by Kamala Harris, Vice President, Before Munich Security Conference, The White
House (Feb. 18, 2023), https://www.whitehouse.gov/briefing-room/speeches-
remarks/2023/02/18/remarks-by-vice-president-harris-at-the-munich-security-conference-2/.

Maia McFarlin

taking all necessary measures to meet this end. “Russia is invading into the heart of
Ukraine, seeking to depose its lawfully elected government, with a real and potential
massive impact on civilians’ lives, safety, and well-being … all of this is being
committed by a permanent member of the UN Security Council54.” Russia is not merely
targeting the Ukrainian military force; The violence knows no bounds, leading to the
harm of civilians.
Recognition of Human Rights Abuses
Thus far, Ukrainian “residential areas, medical institutions, social infrastructure
and other civilian objects and infrastructure,” have been attacked by bombs and armed
force.55 Some of the personal stories reported are horrendous. On March 4, Human Rights
Watch documented a case near Kyiv where a witness says Russian soldiers, “rounded up
five men … forced the five men to kneel on the side of the road, pulled their T-shirts over
their heads, and shot one of the men in the back of the head.”56 Another witness reported
that on March 6, Russian forces in Vorzel, “threw a smoke grenade into a basement, then
shot a woman and a 14-year-old child as they emerged from the basement, where they
had been sheltering. A man who with her in the same basement said [the woman] died
from her wounds two days later … The child died immediately.”57 The use of violence by
Russian forces against Ukrainian civilians is blatant and barbaric. No Ukrainian is safe,
from children to women carrying children. “Investigators looked at some of the most
54
Amnesty International. “Russia/Ukraine: Invasion of Ukraine is an act of Aggression and
Human Rights Catastrophe.” Amnesty International (2022),
https://www.amnesty.org/en/latest/news/2022/03/russia-ukraine-invasion-of-ukraine-is-an-act-of-
aggression-and-human-rights-catastrophe/ (last viewed April 30, 2022).
55
Id.
56
Human Rights Watch, Ukraine: Apparent War Crimes in Russia-Controlled Areas, Human
Rights Watch, (April 3, 2022), https://www.hrw.org/news/2022/04/03/ukraine-apparent-war-
crimes-russia-controlled-areas#.
57
Id.

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notorious attacks and other violent acts of the war, including Russia’s bombings of a
theater and a maternity hospital in the besieged city of Mariupol, both depicted in the
report as apparent war crimes.”58
Reports also have implicated Russian forces in “looting civilian property,
including food, clothing, and firewood.”59 Women have been particularly vulnerable to
instances of rape. NPR reports, “A woman raped repeatedly by a Russian soldier after her
husband was killed outside Kyiv. A mother of four gang raped by Russian soldiers in
Kherson. The body of a Ukrainian woman found dead — naked and branded with a
swastika. A woman raped by a Russian commander on the day tanks entered the village
of Kalyta.”60 In war, rape is a common crime that “nearly always goes unpunished.”61
The accepted nature of rape causes many to overlook the crime’s true significance. Rape
is a strategic method of humiliating and traumatizing victims. So much so, that “rape has
been used as a tactic of genocide — to shape the future of a country through forced
impregnation. Gang rape has even been a grotesque way for disparate troops to bond.
Rape in war zones can be opportunistic or systematic.”62 Russian forces in Ukraine are
guilty of all manner of crimes. United States Secretary of State Antony Blinken remarks,
“What we’ve seen … is not the random act of a rogue unit … It’s a deliberate campaign
to kill, to torture, to rape, to commit atrocities. The reports are more than credible. The
58
Marc Santora, Erika Solomon, & Carlotta Gall, ‘Clear Patterns’ of Russian Rights Abuses
Found in Ukraine, Report Says, N.Y. TIMES, April 13, 2022,
https://www.nytimes.com/2022/04/13/world/europe/ukraine-russia-war-abuses.html.
59
Human Rights Watch. 2022, supra note 56.
60
Laurel Wamsley, Rape has reportedly become a weapon in Ukraine. Finding justice may be
difficult, NPR, April 30, 2022. https://www.npr.org/2022/04/30/1093339262/ukraine-russia-rape-
war-crimes.
61
Id.
62
Id.

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evidence is there for the world to see.”63 Indeed, the world can see how abhorrent the
transgressions are. It is now that the international community must seek recourse for
Russia’s crimes.
Because of its historical significance and as a matter of record we have choses to
include the U.S. State Department’s March 15, 2022 announcement “Promoting
Accountability for Human Rights Abuses Perpetrated by the Governments of Russia and
Belarus” in full, as follows:
The United States, with support from Allies and partners, is taking action to
promote accountability for the Russian and Belarusian governments’ human
rights abuses and violations within and outside their borders. In doing so, we
reiterate our condemnation of President Putin’s premeditated, unjustified, and
unprovoked war against Ukraine, as well as the Lukashenka regime’s support
and facilitation of the Russian Federation’s invasion. President Putin’s
military campaign against Ukraine has caused extensive and needless
suffering, many hundreds and likely thousands of civilian casualties,
including children, and growing reports of human rights abuses and
violations.
At the same time, the Russian government has intensified a
crackdown against its own citizens’ freedom of expression, including for
members of the press, as well as freedom of association and peaceful
assembly. Today in Russia, those who provide factual reporting on the
invasion or criticize Putin face criminal charges. Similarly, the Lukashenka
regime in Belarus continues its violent repression against civil society, anti-
war protestors, the democratic opposition, independent media, and ordinary
Belarusians.
In response, the Department of State is announcing a series of actions
to promote accountability for the Russian Federation’s and Government
of Belarus’s human rights abuses and violations. These include:
• Designation of Alyaksandr Lukashenka pursuant to Section 7031(c)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2021. Lukashenka was publicly
designated for his involvement in gross violations of human rights
and significant corruption. Under this authority, Lukashenka and
Lukashenka’s immediate family members are ineligible for entry into
the United States, to include his wife, Galina Lukashenka, his adult
sons, Viktar Lukashenka and Dzmitry Lukashenka, and his minor
son.
63
Id.

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• Designation of 11 senior Russian defense officials by the Department

of State pursuant to E.O. 14024. This includes Viktor Zolotov, the
Head of the National Guard of Russia. Under Zolotov’s leadership,
the National Guard has cracked down on Russian citizens who have
taken to the streets to protest their government’s brutal campaign in
Ukraine. In addition, Zolotov’s troops are responsible for suppressing
dissent in occupied areas of Ukraine. More broadly, the designation
of these 11 senior Russian defense leaders continues our imposition of
severe costs on Russia’s Ministry of Defense as it pursues its brutal
military invasion of Ukraine, which has led to unnecessary casualties
and suffering, including the deaths of children.
List here: https://www.state.gov/u-s-announces-sanctions-on-key-
members-of-russias-defense-enterprise/.
• A new visa restriction policy under Section 212(a)(3)(C) of the
Immigration and Nationality Act that applies to current and former
Russian government officials believed to be involved in suppressing
dissent in Russia and abroad. Family members of those who fall
under the policy will also be ineligible for visas. We have taken our
first action pursuant to this new visa authority against
38 individuals, and will continue to implement this policy to
demonstrate solidarity with the victims of Russia’s repression.
• Designation of two of Russia’s Federal Security Service (FSB)
officers in Crimea, Artur Shambazov and Andrey Tishenin, pursuant
to Section 7031(c) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2021.
Shambazov and Tishenin were publicly designated for their
involvement in a gross violation of human rights, namely torture.
• Action to impose visa restrictions on six individuals who, acting on
behalf of the Russian Federation, were involved in attacks on
Chechen dissidents living in Europe. This action is being taken
pursuant to the “Khashoggi Ban,” a visa restriction policy the
Administration announced last year to counter transnational
repression.
• Action to impose visa restrictions on 25 individuals responsible for
undermining democracy in Belarus pursuant to Presidential
Proclamation 8015, including Belarusian nationals involved in the
fatal shooting and beating of two peaceful protesters; security forces
involved in the violent dispersal of peaceful protests; regime officials
responsible for launching politically-motivated cases against members
of the opposition and civil society; and individuals engaging in
corrupt practices supporting the Lukashenka regime.
Additionally, the Department of the Treasury’s Office of Foreign
Assets Control (OFAC) is imposing sanctions on Kurchaloi District of the
Chechen Republic Branch of the Ministry of Internal Affairs of the Russian
Federation, two of its officers, a Kurchaloi District prosecutor, and a district
court judge in Moscow, pursuant to the Sergei Magnitsky Rule of Law

Maia McFarlin

Accountability Act of 2012. OFAC is also re-

designating Alyaksandr Lukashenka for his corrupt practices, and, pursuant to
E.O. 13405, designating Galina Lukashenka as a member of Lukashenka’s
family.
Under President Putin, Russian authorities have repeatedly targeted
human rights advocates, peaceful dissenters, and whistleblowers, and they
continue to do so amidst their ruthless war on Ukraine. The Russian
government has failed to take adequate steps to identify, investigate,
prosecute, or punish most officials who committed abuses or violations,
resulting in a climate of impunity. Likewise, the Lukashenka regime
continues its brutal crackdown on peaceful activists while it intensifies its
support to the invasion of Ukraine. We are taking action against this
autocratic attack on democracy. The United States will continue to promote
accountability for those who support, enable, and perpetrate human rights
abuses in Russia, Ukraine, Belarus, and elsewhere.64
U.S. Findings of War Crimes
On March 23, 2022, U.S. Secretary of State Antony Blinken states “Every day
that Russia’s forces continue their brutal attacks, the number of innocent civilians killed
and wounded, including women and children, climbs. As of March 22, officials in
besieged Mariupol said that more than 2,400 civilians had been killed in that city
alone.”65 Even without including the death count in Mariupol, “ the United Nations has
officially confirmed more than 2,500 civilian casualties, including dead and wounded,
and emphasizes the actual toll is likely higher.”66
Secretary Blinken states, “Today, I can announce that, based on information
currently available, the U.S. government assesses that members of Russia’s forces have
committed war crimes in Ukraine.”67 The Secretary offers the following:
64
Press Release, Promoting Accountability for Human Rights Abuses Perpetrated by the
Governments of Russia and Belarus, U.S. Dept. of State (March 15, 2022),
https://www.state.gov/promoting-accountability-for-human-rights-abuses-perpetrated-by-the-
governments-of-russia-and-belarus/.
65
War Crimes by Russia’s Forces in Ukraine, Statement by Secretary Antony J. Blinken, U.S.
Dept. of State (March 23, 2022), https://www.state.gov/war-crimes-by-russias-forces-in-ukraine/.
66
Id.
67
Id.

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Last week, I echoed President Biden’s statement, based on the countless

accounts and images of destruction and suffering we have all seen, that
war crimes had been committed by Putin’s forces in Ukraine. I noted then
that the deliberate targeting of civilians is a war crime. I emphasized that
Department of State and other U.S. government experts were documenting
and assessing potential war crimes in Ukraine…
Our assessment is based on a careful review of available
information from public and intelligence sources. As with any alleged
crime, a court of law with jurisdiction over the crime is ultimately
responsible for determining criminal guilt in specific cases. The U.S.
government will continue to track reports of war crimes and will share
information we gather with allies, partners, and international institutions
and organizations, as appropriate. We are committed to pursuing
accountability using every tool available, including criminal
prosecutions.68
IV. INTERNATIONAL LAW & PATHS FOR REMEDY & RETRIBUTION
The war in Ukraine is one of the greatest challenges ever to

the international order and the global peace architecture,
founded on the United Nations Charter… We are dealing
with the full-fledged invasion, on several fronts, of one
Member State of the United Nations, Ukraine, by another,
the Russian Federation – a Permanent Member of the
Security Council – in violation of the United Nations
Charter, and with several aims, including redrawing the
internationally-recognized borders between the two
countries.
António Guterres
Secretary General, United Nations
April 5, 202269
International Law is created by a series of international treaties and statutes signed
by nation-states. The stipulations of these treaties are legally binding as they have been
ratified by the government of each state who signed. There is no singular, international
governing body that presides over international relations. Instead, there are
68
Id.
69
Secretary-General’s Remarks at the UN Security Council Meeting on Ukraine, United Nations
(April 5, 2022), https://www.un.org/sg/en/content/sg/speeches/2022-04-05/remarks-the-un-
security-council-meeting-ukraine.

Maia McFarlin

intergovernmental organizations and alliances, such as the United Nations (UN), which
serve to oversee matters of international law and significance. Before delving into the
actions committed in Ukraine that might violate international law, let us first establish the
relevant principles of international law. Developing a solid comprehension of this will
allow for a review of the abuses in Ukraine with the proper lens.
United Nations
The United Nations, the principal intergovernmental organization, was created in
1945 and has 192 member states, including Russia, the United States, and Ukraine
(United Nations 2022).70 One of the foundations of the UN is the Geneva Conventions.
Also referred to as the Humanitarian Law of Armed Conflicts, the series of treaties are “a
body of Public International Law … whose purpose is to provide minimum protections,
standards of humane treatment, and fundamental guarantees of respect to individuals who
become victims of armed conflicts”.71 Russia is a party to the Geneva Conventions and
was one of the founding members of the UN.72
The United Nations Charter Article 2 provides some important laws. According to
Article 2.4, “All Members, shall refrain in their international relations from the threat or
use of force against the territorial integrity or political independence of any state, or in
any other manner inconsistent with the Purposes of the United Nations”.73 This article
essentially prohibits the infringement of any UN member state on another state’s
70
“Member States,” United Nations, About Us. (2022) Accessed May 1, 2022.
https://www.un.org/en/about-us/member-states
71
“Geneva Conventions and their Additional Protocols.” Legal Information Institute, Cornell Law
School. n.d.,
https://www.law.cornell.edu/wex/geneva_conventions_and_their_additional_protocols (last
viewed May 1, 2022).
72
Amnesty International, supra note 54.
73
“United Nations Charter.” United Nations Charter (full text), United Nations. (1945),
https://www.un.org/en/about-us/un-charter/full-text (Last viewed April 30, 2022).

Maia McFarlin

sovereignty or territory. Recall that the United Nations was established after World War
II and the goal was to draft agreements that would prevent a repeat of the previous
events, such as Nazi Germany’s occupation of multiple European countries. Additionally,
Article 2.3 of the UN Charter provides, “All Members shall settle their international
disputes by peaceful means in such a manner that international peace and security, and
justice, are not endangered”.74 The post-World War II era was typified by a shift toward
increasing diplomacy efforts. The UN, NATO, & The Nuclear Non-Proliferation Treaty
(NPT) are just a few examples of the international community’s efforts to emphasize
diplomacy and make war a last resort.
International Court of Justice (ICJ) and International Criminal Court (ICC)
The UN’s primary “judicial organ” is the International Court of Justice (ICJ),
seated in The Hague, Netherlands.75 “The Court’s role is to settle, in accordance with
international law, legal disputes submitted to it by States and to give advisory opinions on
legal questions referred to it by authorized United Nations organs and specialized
agencies.”76 Though the ICJ offers a sound route for seeking recourse in international
law, “the UN’s highest court was created to resolve inter-state disputes, not rule on cases
involving individuals”.77 Disputes involving countries as entities may be tried at the ICJ,
but individuals and national leaders may not be tried via this avenue. There is another
international court which is perhaps a better fit for cases involving the latter.
74
Id.
75
International Court of Justice. n.d. “History.” The Court. Last viewed May 1, (2022),
https://www.icj-cij.org/en/court.
76
Id.
77
Bill Chappell, “Charging Putin for Potential War Crimes is Difficult, and any Penalty Hard to
Enforce.” NPR, (April 5, 2022), https://www.npr.org/2022/04/05/1090837686/putin-war-crimes-
prosecution-bucha.

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The International Criminal Court (ICC) was established in 1998 under the Rome
Statute, which serves as another treaty that dictates matters of international law.78 One
Hundred Twenty-three (123) nation states are parties to the Rome Statute; The United
States and Russia are not.79 This is a continued barrier to the accepted legitimacy of the
ICC and its rulings. Notwithstanding, the ICC is “the only permanent international court
designed to address genocide, wars of aggression, war crimes, and crimes against
humanity” (Simons 2022). It is also seated in The Hague, Netherlands. The Rome Statute
takes great care to define the crimes that fall under its jurisdiction and the actions that
might constitute those crimes. Under Article 8.1, “The Court shall have jurisdiction in
respect of war crimes in particular when committed as part of a plan or policy or as part
of a large-scale commission of such crimes”.80 Of note is the verbiage that specifies when
war crimes are committed “as part of a plan or … large-scale commission.”81 The Court
must be able to establish premeditation or widespread impact.
Article 8.2 provides, “For the purpose of this Statute, "war crimes" means: (i)
Willful killing; (ii) Torture or inhuman treatment, including biological experiments; (iii)
Willfully causing great suffering, or serious injury to body or health; (iv) Extensive
destruction and appropriation of property, not justified by military necessity and carried
out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person
to serve in the forces of a hostile Power; (vi) Willfully depriving a prisoner of war or
78
International Criminal Court. Rome Statute of the International Criminal Court. The Hague:
International Criminal Court (1998).
79
Id.
80
Id. at 4.
81
Id.

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other protected person of the rights of fair and regular trial; (vii) Unlawful deportation or
transfer or unlawful confinement; (viii) Taking of hostages.”82
While violations meeting this criterion ought to be perfectly clear and easy to
prosecute, that is not typically the case. Actually, “War crimes claims are famously
difficult to investigate, and still harder to prosecute. It’s rare for national leaders to be
charged, and even rarer for them to end up in the defendant’s chair”83 As previously
mentioned, there is no singular international governing body to enforce the ruling of the
ICC, or any international court or tribunal for that matter. Additionally, if a country or
world leader is guilty of committing war crimes, it is not uncommon for state leadership
to do everything within its power to obstruct the international investigation. Though war
crimes can be tricky, the Rome Statute does offer another actionable crime: crimes of
aggression.
Under Article 8 bis.1 of the Statute, crime of aggression, “means the planning,
preparation, initiation or execution, by a person in a position effectively to exercise
control over or to direct the political or military action of a State, of an act of aggression
which, by its character, gravity and scale, constitutes a manifest violation of the Charter
of the United Nations.”84 This definition establishes a vital difference between the ICJ
and the ICC; Crimes of aggression are brought against the individual who essentially
gives the order from the top-down. The ICC may adequately charge world leaders
themselves for their transgressions, rather than generally prosecuting the state as whole.
The ICJ does not have this ability. Both courts offer different methods of assigning
responsibility. Article 8 bis.2 elaborates, ““act of aggression” means the use of armed
82
International Criminal Court. supra note 78 at 4, 5.
83
Santora, et al., supra note 58.
84
International Criminal Court. supra note 78 at 7.

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force by a State against the sovereignty, territorial integrity or political independence of
another State, or in any other manner inconsistent with the Charter of the United
Nations.”85 Quickly we can see how the multiple treaties in international law work
together. Remember Article 2.4 of the UN Charter, which explicitly prohibits the
infringement on another state’s territory or sovereignty; The ICC uses this article to
define violations of this prohibition as acts of aggression. The Geneva Conventions, ICJ,
Rome Statute, and ICC all serve as channels for settling matters of international law via
an intergovernmental institution. There is another path for international law that often
goes unnoticed: universal jurisdiction.
According to the Human Rights Watch, universal jurisdiction “refers to the
authority of national judicial systems to investigate and prosecute certain of the most
serious crimes under international law no matter where they were committed, and
regardless of the nationality of the suspects or their victims.”86 With universal
jurisdiction, domestic courts may try certain matters of international law. Traditionally
domestic courts cannot determine such matters, but “the idea behind [universal
jurisdiction] is that the authority and duty to prosecute serious crimes extends beyond
international borders because people who commit such acts are deemed hostes humani
generis — "enemies of all mankind.””87 Humanitarian crimes are not only a threat to
those who were transgressed, but they also threaten the integrity of international ethics.
Universal jurisdiction erases barriers of nationality and ethnicity by underscoring the
basic level of humanity that we all share, regardless of where we are from or what we
85
International Criminal Court. supra note 78 at 7.
86
Human Rights Watch. n.d. “Universal Jurisdiction.” Explore International Justice, (Last viewed
April 30, 2022), https://www.hrw.org/topic/international-justice/universal-jurisdiction.
87
Chappell, supra note 77.

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look like. If crimes violate the basic rights that ought to be afforded to every human, it is
likely that they fall under universal jurisdiction. There are several potential problems with
this approach, especially lack of impartiality, but it does offer unique advantages worth
considering. These will be explored later at greater length.88
Genocide
One particular crime almost always accepted as universal jurisdiction is genocide.
Accordingly, “killings and other actions can be seen as genocide when a group is targeted
because of their racial, ethnic, national or other identifying characteristics — with the
intention of destroying part or all of that group.”89 Some of the most well-known cases of
genocide are the Holocaust and the 1994 Rwandan genocide. A distinguishing factor of
genocide is that victims are targeted on some sort of discriminatory basis. For instance,
the Holocaust targeted Jewish ethnicity and the Rwandan genocide targeted members of
the Tutsi ethnicity. If it can be established that there is a discriminatory factor dictating
the victims of war crimes, they likely also qualify as genocide. When an entire race,
ethnicity, or nationality of people are significantly wiped out, there are harms against all
of humanity. Again, the threat is not just to those targeted. Genocide signifies an eerie
imbalance and misuse of power that threatens the international order and code of ethics,
without which we might all have some reasonable expectation of being victimized by
humanitarian crimes.
88
See discussion Infra § __.
89

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Putin Indicted for War Crimes
On March 13, 2023 The New York Times reported that “The International
Criminal Court intends to open two war crimes cases tied to the Russian invasion of
Ukraine and will seek arrest warrants for several people, according to current and former
officials with knowledge of the decision who were not authorized to speak publicly.”90
The first likely case involves the reported widespread “abduction of Ukrainian children,
ranging from toddlers to teenagers… taken from Ukraine and placed in homes to become
Russian citizens or sent to summer camps to become re-educated.”91 Accordingly:
A report published in February by Yale University and the Conflict

Observatory program of the U.S. State Department said that at least 6,000
children from Ukraine were being held in a total of 43 camps in Russia,
with the actual number thought to be higher. The National Information
Bureau of the Ukrainian government said that as of early March it could
be more than 16,000.92
The second expected case is believed to see the I.C.C. chief prosecutor bring
charges based upon “Russia’s unrelenting attacks on civilian infrastructure, including
water supplies and gas and power plants, which are far from the fighting and are not
considered legitimate military targets.”93
A warrant for Putin’s arrest is issued by the ICC on Friday, March 17, 2023,
pointing to “Mr. Putin’s responsibility for the abduction and deportation of Ukrainian
children, thousands of whom have been sent to Russia since the invasion. It also issued a
warrant for Russia’s commissioner for children’s rights, Maria Lvova-Belova, the public
90
Marlise Simons, The International Criminal Court prosecutor fast-tracks an investigation of
possible war crimes in Ukraine, N.Y. TIMES, March 3, 2022,
https://www.nytimes.com/2022/03/03/world/europe/war-crimes-russia-ukraine-icc.html.
91
Id.
92
Id.
93
Id.

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face of the Kremlin-sponsored program that transfers the children out of Ukraine.”94
Consider that:
As a practical matter, the warrant could restrict Mr. Putin’s travels, since
he could face arrest in any of the 123 countries that have signed on to the
International Criminal Court ― a list that includes virtually all European
countries and several in Africa and Latin America, but not China or the
United States.95
As a result of the arrest warrant, Mr. Putin’s name is added “to a notorious list of
despots and dictators accused of humanity’s worst atrocities.”96 However, “this case is
unusual in that the charges were announced not years after the abuses began , but
effectively in real time. The judges at The Hague cited the need for urgent action because
the deportations are ‘allegedly ongoing.’”97 Of significance, “The ICC has no police force
and relies on the cooperation of its 123 member states to enforce its warrants, something
they haven’t always been willing to do. That makes it unlikely Mr. Putin or Ms. Lvova-
Belova will stand trial soon.”98 However, the arrest warrants may have the impact of
restricting travel by Mr. Putin and Ms. Lvova-Belova and “the willingness of other
leaders to be seen with them.”99
Russia has been so overt in its acts of violence that humanitarian violations are
indisputable. However, there are multiple ways to address, classify, and prosecute these
crimes under international law. Some may prove more effective than others. The (ICJ)
and (ICC) boast the benefits of intergovernmental collaboration while universal
jurisdiction presents a more tangible possibility of holding Putin accountable.
94
Mark Landler, A World Court Accuses Putin of War Crimes, N.Y. TIMES, Mar. 18, 2023 at A1.
95
Id.
96
Marc Santora & Emma Bubola, Russia Signals Intention To Deport More Children, N.Y. TIMES,
Mar. 19, 2023 at 6.
97
Id.
98
Daniel Michaels, Jess Bravin & Isabel Coles, International Court Seeks Putin’s Arrest, WALL
ST. J., Mar. 18-19, 2023 at A7.
99
Id.

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Unsurprisingly, “Russia has denied allegations of rape and other atrocities by its soldiers
in Ukraine.”100 Dmitri Peskov, Kremlin spokesman said, “one Ukrainian woman's
account of Russian soldiers shooting her husband dead then raping her repeatedly,” was a
flat-out lie, without providing any evidence to support his claims.101 This is surely just the
beginning of Russia’s attempts to deny, deflect, downplay, and inhibit any efforts to
expose the truth of the crimes in Ukraine. Putin is no stranger to using misinformation
and lies as a defense.
International Court of Justice
Consider that, “an array of international judicial institutions have jurisdiction over
abuses that Putin's military is accused of carrying out in Ukraine. But those courts differ
in how they work and how their rulings are enforced — and few have any leverage over
Russia.”102 First, the ICJ has clear jurisdiction. Russia violated the Geneva Conventions
by way of UN Charter Article 2.4 when it marched on the territory of another sovereign.
Despite the Russian claims that Ukraine is an innate part of the country, Ukraine has
always been its own state. It is recognized by the international community as a sovereign,
solidified by its membership in the UN. This is a legally actionable offense in the ICJ, but
“any decisions it makes are implemented by the U.N. Security Council — but Russia
holds a critical veto vote on that panel.”103
The strength of the ICJ, its intergovernmental collaboration, proves to be its very
weakness in this regard. The UN could perform an extensive investigation of the war
crimes in Ukraine. With the resources of its member states at its disposal, the UN has
100
Wamsley, supra note 60.
101
Id.
102
103
Id.

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access to substantial amounts of intelligence that could indict Russia. Recall that the ICJ
can only settle matters of interstate disputes and would have to charge Russia as a state.
There could be no charges brought against Putin or other national leaders specifically.
Even if Russia did not veto charges from the ICJ, a conviction would still allow Putin to
remain in power. Based on his record of behavior, one might argue that an ICJ conviction
would not be enough to stop Putin from inciting similar instances of violence in the
future. In fact, “the ICJ [already] ordered Russia to stop its war on Ukraine based on the
1948 Geneva Convention’s prohibition of genocide. However, the ICJ “has no way to
enforce its order for Russia to halt its invasion.”104 This is another detrimental weakness
of the ICJ; With no enforcement power, there is no incentive for states to honor and
follow its rulings. Though, the ICJ opened a significant door by starting the conversation
on genocide.
The ICC is poised to prosecute the types of crimes committed in Ukraine, such as
war crimes, genocide, and acts of aggression. Putin is guilty of an act of aggression
because he gave the order to invade Ukraine, a sovereign state. The crimes rise to a level
of genocide due to the attacks targeting Ukrainians, an ethnicity and nationality of
people. Arguments can be made that Russia’s intent is not to completely exterminate
Ukrainians so much as dominate the territory. Still, genocide is on the table. Soon after
reports of the civilian violence began to increase, the ICC announced plans to prosecute
Russia. “The prosecutor, Karim Khan said … he would fast-track the investigation after
receiving requests from 39 member countries, most of them European. Such a move is
104
Id.

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unprecedented at the court, where prosecutors typically wait months for approval from a
panel of judges.”105
Russia “signed the Rome Statute” and became a member of the ICC in 2000, “but
withdrew its signature in 2016.”106 Yet, “Ukraine is not a member of the International
Criminal Court but granted it jurisdiction before the war.”107 Even though Russia is no
longer a member of the ICC, the Court may still claim jurisdiction over the crimes.
Several barriers to justice remain. To conduct a fair trial, a thorough investigation by the
ICC must be launched. Genocide and war crimes are not light charges; If the ICC wants
to be successful it must take care to collect sufficient evidence in an ethical manner. Such
investigations take time. The entire ICC process of investigating, bringing charges, and
conducting a trial “would likely take years and years before a final decision emerges.”108
Assuming the ICC manages a conviction, “they don't have the best track record because
nobody wants to turn over heads of state.”109 It is highly unlikely that Russia will turn
Putin in if convicted of his crimes. Consequently, the ICJ and ICC outcomes are fairly
similar outside of one more advantage. Russia “is not a member of the court, so it has no
legal duty to turn over its people for prosecution. But the court can issue international
arrest warrants obliging members to arrest suspects who have been indicted by the
court.”110 Ideally, if the ICC issues these warrants, it could make it extremely difficult for
Putin to travel without fear of apprehension. This idea carries into universal jurisdiction.
105
Simons, supra note 90.
106
Amnesty International, supra note 54.
107
108
109
Id.
110

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Kelebogile Zvobgo, founder and director of the International Justice Lab, argues,
“the great promise of international justice for abuses in Ukraine, is going to be European
courts" using the universal jurisdiction doctrine to prosecute Russians.”111 Recall that any
domestic court can charge crimes against humanity under universal jurisdiction. While
“international courts can move slowly to reach a determination … individual nations
should move much more quickly.”112 Domestic courts can reach decisions without losing
time in the intergovernmental collaboration and cooperation customary in the ICJ and
ICC.
Convictions under universal jurisdiction might be seen as impartial due to the lack
of that collaboration, but they can prove effective. Like the ICC arrest warrants,
convictions in domestic courts would allow for an arrest warrant to be issued within the
country. Should the 39 countries that requested an ICC prosecution launch their own
domestic trials against Putin, it could also make it difficult for Putin to leave Russia. The
benefit of universal jurisdiction is that these convictions and warrants would likely come
much faster, stopping Putin sooner. Additionally, any country can convict due to the
nature of universal jurisdiction. The impact of this has huge potential. “Even if Mr. Putin
is never arrested and remains the leader of Russia … the legal and diplomatic
consequences of a war crimes indictment would severely undermine his credibility.”113
United Nations Developments
On February 25, 2022 at the United Nations Security Council “the United States and
Albania introduced a resolution co-sponsored by an additional 80 UN member states
111
112
Id.
113

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demanding an end to the invasion and making clear that Russia alone bears responsibility for
the ongoing violence.”114 While “Russia’s veto of that resolution only underscored its
growing international isolation… U.S. Ambassador to the United Nations Linda Thomas-
Greenfield stated after the vote, ‘Russia cannot veto the UN Charter. Russia cannot, and will
not, veto accountability.”’115 Soon thereafter, “a February 27 Security Council vote to call
for an Emergency Special Session of the UN General Assembly on Ukraine. That Special
Session resulted in an unprecedented repudiation of Russia and its horrific assault on the
people of Ukraine and Ukraine’s sovereignty.”116 In sum, “One hundred forty-one UN
Member States… voted in support of a resolution condemning Russia’s aggression and
calling for an immediate end to its invasion… [following] two days of discussion, Russia
could only assemble a rogue’s gallery of four nations to support its unconscionable actions
and false narratives.”117 Soon thereafter, “the UN Human Rights Council concluded an
Urgent Debate on the Kremlin’s war against Ukraine. The Council voted overwhelmingly to
demand that Russia halt its assault on the Ukrainian people. Russia stood virtually
isolated.”118 The U.S. Department of State observes:
The resolution establishes the highest level of scrutiny the Council can create:
a Commission of Inquiry. This powerful investigative mechanism will ensure
that Russia’s horrific conduct in Ukraine is carefully and verifiably
documented so those responsible, like President Putin, can be held to account.
We and our partners and allies are also raising Russia’s aggression in
every corner of the UN system and in related international organizations, such
as the International Atomic Energy Agency, International Civil Aviation
Organization, and International Maritime Organization. Our message in all
these bodies is clear: there can be no business as usual so long as Russia
wages this brutal war on its neighbor.
114
Press Release, U.S. Multilateral Leadership on the Crisis in Ukraine, U.S. Dept. of State
(March 5, 2022), https://www.state.gov/u-s-multilateral-leadership-on-the-crisis-in-ukraine/.
115
Id.
116
Id.
117
Id.
118
Id.

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Multilateral diplomacy can at times frustrate even the most

determined of diplomats. But, when faced with such naked contempt for
peace and security, the nations of the world took action to unite and isolate
the aggressor. The powerful display of international solidarity and collective
action demonstrates the unique role and indispensability of multilateral
organizations like the United Nations to effectively respond against threats to
the rules-based international order. This is not only a time to appreciate the
role of the United Nations, but it is also an opportunity to strengthen and
revitalize the international system to prevent such aggression in the future.119
Atrocity Crimes Advisory Group (ACA)
On May 25, 2022, the United States, United Kingdom, and European Union
disclosed “creation of the Atrocity Crimes Advisory Group (ACA), a mechanism aimed
at ensuring efficient coordination of their respective support to accountability efforts on
the ground.”120 The intent of the ACA is to “reinforce current EU, US and UK efforts to
further accountability for atrocity crimes in the context of Russia’s ongoing war of
aggression against Ukraine… to demonstrate international support and solidarity at this
crucial moment for Ukraine.”121 The announcement describes how:
The overarching mission of the ACA is to support the War Crimes Units of
the Office of the Prosecutor General of Ukraine (OPG) in its investigation
and prosecution of conflict-related crimes. The ACA seeks to streamline
coordination and communication efforts to ensure best practices, avoid
duplication of efforts, and encourage the expeditious deployment of financial
resources and skilled personnel to respond to the needs of the OPG as the
legally constituted authority in Ukraine responsible for dealing with the
prosecution of war crimes on its own territory.122
119
Id.
120
Press Release, The European Union, the United States, and the United Kingdom establish the
Atrocity Crimes Advisory Group (ACA) for Ukraine (May 25, 2022),
https://www.state.gov/creation-of-atrocity-crimes-advisory-group-for-
ukraine/#:~:text=The%20ACA%20is%20an%20operational,multilateral%20effort%20to%20supp
ort%20Ukraine.
121
Id.
122
Id.

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Ukraine Now Candidate to Join European Union
On June 24, 2022 The New York Times reports “The European Union officially
made Ukraine a candidate for membership on Thursday, signaling in the face of a
devastating Russian military onslaught that it sees Ukraine’s future as lying in an
embrace of the democratic West.”123 Although, “Ukraine’s accession into the bloc could
take a decade or more, the decision sends a powerful message of solidarity to Kyiv and a
rebuke to President Vladimir V. Putin of Russia, who has worked for years to keep
Ukraine from building Western ties.”124 Contrary to the desires of the Russian
Federation:
President Volodymyr Zelensky of Ukraine called the E.U. move “one of

the most important decisions for Ukraine” in its 30 years as an
independent state. ‘This is the greatest step toward strengthening Europe
that could be taken right now, in our time, and precisely in the context of
the Russian war, which is testing our ability to preserve freedom and
unity,’ Mr. Zelensky wrote on Telegram.
Ukraine’s foreign minister, Dmytro Kuleba, said in an interview
that the decision to grant Ukraine’s candidacy showed that the bloc was
‘overcoming the last psychological barrier in the relations between
Ukraine and the European Union.’ He said he was not concerned about
how long it might take for Ukraine to join the European Union, which he
likened to a ‘liberal empire’ that is expanding as the “Russian empire is
shrinking.’ ‘It may take a year. It may take a decade,’ Mr. Kuleba said.
‘But 10 years ago, in the perception of the European elite, we were still a
part of the Russian world.’125
Failure of International Organizations to Date
The disappointing reality is that International Organizations have failed thus far to
bring effective legal actions sounding in war crimes and human rights abuses against
Putin for Russia’s unprovoked war against Ukraine. The New York Times reports that,
123
Matina Stevis-Gridneff, Thomas Gibbons-Neff & Michael Levenson, First Step Toward
Ukraine Joining E.U. Signals Solidarity Amid War, N.Y. TIMES, June 24, 2022 at A9,
https://www.nytimes.com/2022/06/23/world/europe/ukraine-russia-eu-candidate.html.
124
Id.
125
Id.

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“having convictions and even making arrests could be a long and tedious process. The
International Criminal Court, the principal international investigatory agency, can take
years to issue an indictment and usually focuses only on high-ranking political and
military figures.”126 Further, “The court also has no jurisdiction over Ukraine or Russia,
in that neither is a party to the Rome statute that established the body. The United
Nations is also hampered, as Russia can veto any motion to establish an investigative
commission.”127
V. ECONOMIC AND FINANCIAL MARKET IMPLICATIONS
This brutal war of aggression being committed by Russia

against Ukraine has brought into sharp focus the power and
purpose of American diplomacy. Our diplomacy is rallying
allies and partners around the world to join us in supporting
Ukraine militarily, economically, and with humanitarian
assistance to impose massive costs on the Kremlin for its
aggression, while strengthening our collective security and
defense, and addressing the war’s mounting global
consequences, including the refugee and food crises…
Anthony J. Blinken
April 28, 2022128
Russia’s invasion of Ukraine has continued to cause a slew of effects on the
economy and international political climate. United Nations Secretary General António
Guterres has observed that “The war has displaced more than ten million people in just
one month – the fastest forced population movement since the Second World War.”129
Secretary General Guterres warned that, “Far beyond Ukraine’s borders, the war has led
126
Crowley & Sanger, supra note 3.
127
Id.
128
Opening Remarks by Secretary of State Anthony J. Blinken Before the House Subcommittee
on State, Foreign Operations, and Related Programs (April 28, 2022),
https://www.state.gov/opening-remarks-by-secretary-antony-j-blinken-before-the-house-
subcommittee-on-state-foreign-operations-and-related-programs/.
129
Secretary-General’s Remarks at the UN Security Council Meeting on Ukraine, United Nations
(April 5, 2022), https://www.un.org/sg/en/content/sg/speeches/2022-04-05/remarks-the-un-
security-council-meeting-ukraine.

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to massive increases in the prices of food, energy and fertilizers, because Russia and
Ukraine are lynchpins of these markets. It has disrupted supply chains, and increased the
cost of transportation, putting even more pressure on the developing world.”130 JP
Morgan reports, “Russia’s invasion of Ukraine will slow global growth and raise
inflation.”131 (JP Morgan 2022). As a form of retaliation, many states have hit Russia
with sanctions and reduced trade with the country. Regrettably, in trying to cripple
Russia, damage is done to the entire global market. Sanctions were issued to “Russia’s
central bank which impacts the country’s more than $600 billion of foreign currency
reserves … This led the Russian central bank to hike its key interest rate from 9.5% to
20% and to the imposition of capital controls” (JP Morgan 2022). This hike in interest
rates contributes to global inflation. War is often unpredictable, meaning projections may
change as the situation develops. In the meantime, Chief Economist Bruce Kasman
predicts, “recent events are prompting downward revisions to growth and upward
revisions to inflation forecasts” (JP Morgan 2022). Inflation spreads into all markets.
For example, the oil market is a key indicator of negative economic impact is the
oil market. “Russia is the world’s second-largest oil exporter.”132 When countries like the
United States and EU member states stop purchasing oil from Russia, it causes a supply
130
Id.
131
The Russia-Ukraine Crisis: What Does it Mean for Markets? JP Morgan Research, JP Morgan
(March 22, 2022), https://www.jpmorgan.com/insights/research/russia-ukraine-crisis-market-
impact.
132
PAUL K. BAEV, JESSICA BRANDT, VANDA FELBAB-BROWN, JEREMY GREENWOOD, SAMANTHA
GROSS, DANIEL S. HAMILTON, BRUCE JONES, MARVIN KALB, PATRICIA M. KIM, SUZANNE
MALONEY, AMY J. NELSON, THOMAS PICKERING, BRUCE RIEDEL, NATAN SACHS, CONSTANZE
STELZENMÜLLER, CAITLIN TALMADGE, SHIBLEY TELHAMI, DAVID G. VICTOR & ANDREW YEO,
AROUND THE HALLS: IMPLICATIONS OF RUSSIA’S INVASION OF UKRAINE, BROOKINGS PRESS
(2022), https://www.brookings.edu/blog/order-from-chaos/2022/02/25/around-the-halls-
implications-of-russias-invasion-of-ukraine/.

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shock.133 New projections assert that “oil price will not only need to increase to $120 bbl
but stay there for months to incentivize demand destruction, assuming there are no
immediate Iranian volumes entering the market.”134 The rising gas prices are indubitably
influenced by the reverberations of the Russian and Ukraine conflict. JP Morgan also
suggests, “Indirect risks could be more substantial, including: Slower global growth and
consumer spending due to higher oil and food prices; Negative second-order effects
through Europe; Supply chain distortions; Credit and asset write-downs; Cybersecurity
risks; Tightening monetary policy.”135 Coupling these economic impacts with political
impacts puts implications into perspective.
International law may take some time to provide results, but international state
actors must take matters to respond in some way now. President Biden proclaimed that
the United States, “would send an additional $800 million in military and other security
aid,” including “new capabilities tailored to the wider assault we expect Russia to launch
in eastern Ukraine.”136 President Biden’s military aid is significant and establishes what
side the U.S. favors in this conflict. Ukraine is not a member of NATO, so the U.S. will
not send military forces. However, Russia’s invasion has prompted the interest of other
European countries in joining the NATO alliance. “Finland and Sweden said they were
seriously considering joining the alliance,” since the invasion began.137 Putin was trying
to limit NATO’s influence near Russia’s borders by invading Ukraine, though his plan
may end up backfiring.
133
The Russia-Ukraine Crisis: What Does it Mean for Markets? JP Morgan Research, JP Morgan
(March 22, 2022), https://www.jpmorgan.com/insights/research/russia-ukraine-crisis-market-
impact.
134
Id.
135
Id.
136
137
Id.

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The international community is also considering new methods for determining
matters of international law. “A number of countries have been looking at ways for the
United Nations to help create a special court that could prosecute Russia for what is
known as the crime of aggression.”138 A special court would likely not allow Russia to
hold the veto power that it currently has in the ICJ. This is not only a potential threat for
Russia; It could set a new precedent in the UN for charging member states. Russian
retaliation is virtually inevitable. On June 24, 2022, The Wall Street Journal reports how
negative “the outlook has become in Europe and the U.S. [as] Russia’s war in Ukraine
has hit global growth as high inflation spread across the globe.”139 Of grave concern,
“Economies also face continuing supply-chain disruptions… Germany triggered… its
plan to deal with natural-gas shortages, moving closer to possible rationing this winter,
which economists say would deal a severe blow to manufacturers in Europe’s largest
economy.”140
Tensions also stand to rise with China. Initially, China claimed to be neutral in the
conflict, but those claims, “lost all credibility when President Xi Jinping chose to mark
the opening of the Beijing Olympics with a highly-publicized summit with President
Putin, and the release of an unprecedented joint statement in which China expressed
“sympathy” and “support” for Russian demands for “binding security guarantees in
Europe.””141 China has given indications that it might be strengthening its ties with
Russia. This could lead to an array of problems due to the already riddled relations
between the U.S. and China. “In troubled countries where the U.S., Russia, and China are
138
Id.
139
Paul Hannon & David Harrison, U.S., European Economies Ebb Amid Growing Recession
Risks, WALL ST. J., June 24, 2022 at A1.
140
Id.
141
Baev, et al., supra note 132.

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already on opposing sides —like Libya, Syria, Venezuela, Myanmar, and Afghanistan —
conflicts will become even more intractable.”142 In other words, the increased tension
could cause global conflicts to combust. China is situated in a unique position in trade
and technology. It has also increased global influence and investment through the
Chinese Belt Road Initiative. “If Russia and China increasingly act in concert, that will be
the core test of American statecraft in defense of international order.”143 Russia, who has
invaded Ukraine, and China, with continued conflict in Hong Kong, together pose grave
implications for the future of international diplomacy. The impact of the events on
February 24, 2022 will continue to be felt around the world. International politics does
not operate in a vacuum; Everyday people feel the effects to some extent each day. “With
this deliberate and long-planned act of war, Russia has shattered peace in Europe,
precipitating the most serious threat to Europe since World War II. The consequences of
the conflict now underway will be devastating and wide-ranging.”144
VI. TECHNOLOGY AND WARFARE
Technological superiority will likely dictate the future of warfare, as
demonstrated in the Ukrainian experience. In his March/April 2023 Article published in
FOREIGN AFFAIRS, Eric Schmidt discussed “Why Technology Will Define the Future of
Geopolitics.”145 Mr. Schmidt observes:
Shortly after the invasion, the Ukrainian government uploaded all its
critical data to the cloud, so that it could safeguard information and keep
functioning even if Russian missiles turned its ministerial offices into
rubble. The country’s Ministry of Digital Transformation, which
Ukrainian President Volodymyr Zelensky had established just two years
142
Id.
143
Id.
144
Id.
145
Eric Schmidt, Innovation Power: Why Technology Will Define the Future of Geopolitics, 102
FOREIGN AFFAIRS, 38 (Mar/Apr. 2023).

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earlier, repurposed its e-government mobile app, Diia, for open-source

intelligence collection, so that citizens could upload photos and videos of
enemy military units.146
This topic of technology and warfare is highly complex and far exceeds the page
limitations of any one law review article. Accordingly, we will provide some basic
thoughts about how technological advantage has impacted the war in Ukraine and suggest
sources for those who desire a more comprehensive treatment of the subject.147 Maria
Keinonen of the National Defense University, Helsinki, Finland, writes, “The ever-
increasing dependence on technology forces states to protect their sovereignty in
cyberspace as well as other domains. Therefore, cyber operations should be considered
not just a means to protect the cyber domain, but as a means of deterrence.”148
146
Id.
147
Robert Chesney, Postwar, __ HARV. NAT’L SEC. J. __ (2014),
https://ssrn.com/abstract=2332228; Rebecca Crootof, The Killer Robots Are Here: Legal and
Policy Implications, 36 CARDOZO L. REV. 1837 (2015), https://ssrn.com/abstract=2534567;
Ashley Deeks, Noam Lubell & Daragh Murray, Machine Learning, Artificial Intelligence, and the
Use of Force by States, 10 J. Nat’l Sec. L. & Pol’y (2019), https://ssrn.com/abstract=3285879;
Kristen Eichensehr, Cyberwar & International Law Step Zero, 50 TEX. INT'L L.J. 355 (2015).,
https://ssrn.com/abstract=2611198; Duncan B. Hollis, Why States Need an International Law for
Information Operations. 11 LEWIS & CLARK L. REV. 1023
(2007), https://ssrn.com/abstract=1083889; Eric Talbot Jensen, The Future of the Law of Armed
Conflict: Ostriches, Butterflies, and Nanobots, 35 MICH. J. INT’L L. 253 (2014),
https://ssrn.com/abstract=2237509; Eric Talbot Jensen, Future War, Future Law, 22 MINN. J.
INT’L L. 282 (2013), https://ssrn.com/abstract=2214205; Jay P. Kesan & Carol Mullins Hayes,
Self Defense in Cyberspace: Law and Policy (September 24, 2011).
https://ssrn.com/abstract=1979857; John Lewis, The Case for Regulating Fully Autonomous
Weapons, 124 YALE L.J. 1309 (2015), https://ssrn.com/abstract=2528370; William Marra & Sonia
McNeil, Understanding 'The Loop': Regulating the Next Generation of War Machines, 36 HARV.
J. L. & PUB. POL’Y, __ (2013), https://ssrn.com/abstract=2043131; Mary Ellen O'Connell,
Seductive Drones: Learning from a Decade of Lethal Operations, __ J. L. INFO. & SCI. __ (August
2011), https://ssrn.com/abstract=1912635; Scott J. Shackelford, From Nuclear War to Net War:
Analogizing Cyber Attacks in International Law 25 BERKLEY J. INT’L L.
(2009), https://ssrn.com/abstract=1396375; Peter Swire, Privacy and Information Sharing in the
War on Terrorism, 51 VILLANOVA L. REV. 101 (2006), https://ssrn.com/abstract=899626; John
Yoo, Embracing the Machines: Rationalist War and New Weapons Technologies, 105 CAL. L.
REV. __ (2017), https://ssrn.com/abstract=2936198.
148
Maria Keinonen, Using Military Operations as a Deterrent, PROCEEDS OF THE 18TH CONF. ON
CYBER WELFARE & SECURITY, 489 (2023). See also Sascha-Dominik Oliver Vladimir Bachmann
& Hakan Gunneriusson, Russia’s Hybrid Warfare in the East: The Integral Nature of the
Information Sphere, 16 GEO. J. INT'L AFF. 198 (2015), https://ssrn.com/abstract=2670527.

Maia McFarlin

Impact of Artificial Intelligence
The war in Ukraine has been impacted by the fact that “Artificial Intelligence
supercharges the ability of scientists and engineers to discover ever more powerful
technologies, fostering advances in artificial intelligence itself as well as in other
fields―and reshaping the world in the process.”149 Already evident, “Today’s AI systems
can… provide key advantages in the military domain, where they are able to parse
millions of inputs, identify patterns, and alert commanders to enemy activity. The
Ukrainian military… has used AI to efficiently scan intelligence, surveillance, and
reconnaissance data from a variety of sources.”150 As shown in Ukraine, “To improve
battlefield awareness, [all] military should focus on deploying a network of inexpensive
sensors powered by AI to monitor contested areas, an approach that is often more
effective than a single, exquisitely crafted system.”151
Warfare Economics
The technological impact on productivity gains is well documented over history.
As just one example of technological impact on modern warfare economics, Mr. Schmidt
writes:
In April 2022, Ukrainian forces fired two Neptune missiles at the

Moskova, a 600-foot Russian warship, sinking the vessel. The ship cost
$750 million; the missiles, $500,000 apiece. Likewise, China’s state-of-
the-art hypersonic antiship missile, the YJ-21, could someday sink a $10
billion U.S. aircraft carrier. The U.S. government should think twice
before committing another $10 billion and ten years to such a vessel. It
149
Schmidt, supra note 145 at 40.
150
Id. at 41.
151
Schmidt, supra note 145 at 51. See also Lawrence J. Trautman, Mohammed T. Hussein, Louis
Ngamassi & Mason Molesky Governance of The Internet of Things (IoT), 60 JURIMETRICS 315
(Spring 2020), http://ssrn.com/abstract=3443973; Mohammed T. Hussein & Lawrence J.
Trautman, The Internet of Things (IoT) in a Post-Pandemic World (unpub. ms.),
http://ssrn.com/abstract=4149477.

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often makes more sense to buy many low-cost items instead of investing
in a few high-ticket prestige projects.152
Russian Use of Cyber as a Weapon
Cyber has now become an important tool of warfare.153 Political analysts have
advised that, “allies must bolster NATO’s ability to defend militarily against Russian
forces on land, at sea, in the air, in outer space, and in cyberspace.”154 Russia will likely
attempt to influence United States politics in its favor, as it did in the 2016, 2020 and
2022 elections.155 There might be “efforts to amplify emerging partisan splits within the
U.S. over Washington’s response.”156 This is in-line with Russia’s strategy for the U.S.,
“to distract … and divide it from within.”157 Jon Bateman, a senior fellow in the
Technology and International Affairs Program at the Carnegie Endowment for
International Peace observes, “Ukraine has faced intense levels of Russian offensive
cyber operations since the invasion… Moscow launched what may have been the world’s
largest-ever salvo of destructive cyber attacks against dozens of Ukrainian networks.
Most notably, Russia disrupted the Viasat satellite communications network just before
tanks rolled across the border.”158
152
Schmidt, supra note 145 at 51.
153
Lawrence J. Trautman, Is Cyberattack The Next Pearl Harbor?, 18 N.C. J. L. & TECH. 232
(2016), http://ssrn.com/abstract=2711059; Lawrence J. Trautman, Managing Cyberthreat, 33
SANTA CLARA HIGH TECH. L.J. 230 (2016), http://ssrn.com/abstract=2534119; Lawrence J.
Trautman, Congressional Cybersecurity Oversight: Who’s Who & How It Works, 5 J. LAW &
CYBER WARFARE 147 (2016), http://ssrn.com/abstract=2638448; Lawrence J. Trautman,
Cybersecurity: What About U.S. Policy?, 2015 U. ILL. J. L. TECH. & POL’Y 341 (2015),
http://ssrn.com/abstract=2548561.
154
155
Lawrence J. Trautman, Impeachment, Donald Trump and The Attempted Extortion of Ukraine,
40 PACE L. REV. 141 (2020), http://ssrn.com/abstract=3518082; Lawrence J. Trautman,
Presidential Impeachment: A Contemporary Analysis, 44 U. DAYTON L. REV. 529 (2019),
https://ssrn.com/abstract=3290722.
156
157
Id.
158
Jon Bateman, Nick Beecroft & Gavin Wilde, What the Russian Invasion Reveals About the
future of Cyber Warfare, Carnegie Endowment for International Peace (Dec. 19, 2022),

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During March 2023, The New York Times reported, “A hacking group with ties to
the Russian government appears to be preparing new cyberattacks on Ukraine’s
infrastructure and government offices, Microsoft said in a report… suggesting that
Russia’s long-anticipated spring offensive could include action in cyberspace, as well as
on the ground.”159 In addition:
Russia appears to be stepping up influence operations outside Ukraine, in

a push to weaken European and American support for continuing military
aid, intelligence sharing and other assistance to the Ukrainian government.
The effort would come as a faction in the Republican Party―and some in
the Democratic Party―argues that supporting Ukraine is not a core
interest for the United States.160
Clint Watts, General Manager of Microsoft’s Digital Threat Analysis Center
states that the Russian strategy will include, “new kinds of ransomware and the use of
social media to market pirated, corrupted versions of software to infect Ukrainian
organizations.”161
https://carnegieendowment.org/2022/12/19/what-russian-invasion-reveals-about-future-of-cyber-
warfare-pub-88667.
159
Julian Barnes, David E. Sanger & Marc Santora, Russia’s Offensive in Ukraine Could Include
Cyberattacks, N.Y. TIMES. Mar. 16, 2023 at A10.
160
Id. See also Lawrence J. Trautman, Democracy At Risk: Domestic Terrorism and Attack on the
U.S. Capitol, 45 SEATTLE U. L. REV. ___ (2022), http://ssrn.com/abstract=3808365.
161
Dustin Volz & Robert McMillan, Cyberattack Tracking Finds Increase by Moscow Hackers,
WALL ST. J., Mar. 16, 2022 at A10. See also Michael J. Conklin, Brian Elzweig & Lawrence J.
Trautman, Legal Recourse for Victims of Blockchain and Cyber Breach Attacks, __ U.C. DAVIS
BUS. L.J. (forthcoming), http://ssrn.com/abstract=4251666; Lawrence J. Trautman, Tik Tok!
TikTok: Escalating Tension Between U.S. Privacy Rights and National Security Vulnerabilities,
(unpub. ms.), http://ssrn.com/abstract=4163203; Lawrence J. Trautman, Governance of the
Facebook Privacy Crisis, 20 PITT. J. TECH. L. & POL’Y 41 (2020),
http://ssrn.com/abstract=3363002; Lawrence J. Trautman & Peter C. Ormerod, WannaCry,
Ransomware, and the Emerging Threat to Corporations, 86 TENN. L. REV. 503 (2019),
http://ssrn.com/abstract=3238293; Lawrence J. Trautman & Peter C. Ormerod, Industrial Cyber
Vulnerabilities: Lessons from Stuxnet and the Internet of Things, 72 U. MIAMI L. REV. 761 (2018),
http://ssrn.com/abstract=2982629; Lawrence J. Trautman, How Google Perceives Customer
Privacy, Cyber, E-Commerce, Political and Regulatory Compliance Risks, 10 WM. & MARY BUS.
L. REV. 1 (2018), https://ssrn.com/abstract=3067298.

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VII. U.S. DEPARTMENT OF STATE
Since Russian President Vladimir Putin launched his

premeditated, unprovoked, unjustified, and brutal war on
Ukraine, the ceaseless bombardment of Ukraine’s cities and
critical infrastructure by Russia’s forces has created one of
the fastest-growing humanitarian crises in decades. This is a
tragic and catastrophic war of choice entirely of Russia’s
making, and the United States, its Allies, and partners will
stand in solidarity with the people of Ukraine in their just
cause ̶ the defense of their country and their democracy.
Together, we continue to support Ukraine’s defense of its
sovereignty and territorial integrity and to strengthen
Ukraine’s position on the battlefield and at the negotiating
table.
Antony J. Blinken
April 21, 2022162
The U.S. Department of State has primary responsibilities in U.S. relationships
with other nations and we will now examine many of the most significant development to
date.
Sanctions
On February 25, 2022 the State Department announced U.S. policy that “is
inflicting unprecedented costs on President Putin and those around him for their brutal and
unprovoked assault on…Ukraine. We are united with… allies and partners in our
commitment to ensure the Russian government pays a severe economic and diplomatic price
for its further invasion of Ukraine.”163 In addition, the announcement states:
162
Press Release, $800 Million in Additional U.S. Security Assistance for Ukraine, Statement by
Secretary Antony J. Blinken, U.S. Dept. of State (April 21, 2022), https://www.state.gov/800-
million-in-additional-u-s-security-assistance-for-ukraine-
2/#:~:text=Today%2C%20as%20Russia%20begins%20its,U.S.%20Department%20of%20Defens
e%20inventories.
163
Press Release, Imposing Sanctions on President Putin and Three Other Senior Russian
Officials, U.S. Dept. of State (Feb. 25, 2022), https://www.state.gov/imposing-sanctions-on-
president-putin-and-three-other-senior-russian-officials/.

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In coordination with allies and partners, we are imposing sanctions on

President Putin and three members of Russia’s Security Council directly
responsible for the further invasion of Ukraine: Minister of Foreign Affairs
Sergei Lavrov, Minister of Defense Sergei Shoigu, and First Deputy Minister
of Defense and Chief of the General Staff of the Armed Forces of the Russian
Federation Valery Gerasimov. President Putin rejected the good faith efforts
of the United States and our allies and partners to address our mutual security
concerns through dialogue and to avoid needless conflict and human
suffering.164
Then, just days later, the U.S. announced additional measures being taken
“against the Russian financial system in response to Russia’s continuing premeditated
war against Ukraine.”165 These additional sanctions are described as “The U.S.
Department of the Treasury’s Office of Foreign Assets Control (OFAC) has prohibited any
U.S. person from conducting any transaction involving the Central Bank of the Russian
Federation, the National Wealth Fund of the Russian Federation, or the Ministry of Finance
of the Russian Federation.”166 By March 11, 2022 it is announced:
Specifically, the Administration will work closely with Congress to deny

Russia the benefits of its World Trade Organization membership and ensure
that Russian imports do not receive most favored nation treatment in our
economy. The President issued an Executive Order (E.O.) to ban further
imports and exports related to Russia, consistent with commitments made by
the G7 leaders to deny Russia export revenues. Among other things, this E.O.
prohibits the importation into the United States of the following products of
Russian Federation origin: fish, seafood, and preparations thereof; alcoholic
beverages; and non-industrial diamonds. In addition, the E.O. bans the
exportation, re-exportation, sale, or supply, directly or indirectly, from the
United States, or by a U.S. person, wherever located, of U.S. dollar-
denominated banknotes to the Government of the Russian Federation or to
any person located in Russia.
The Department of Commerce also has imposed new controls on
exports of luxury goods to Russia, including high-end automobiles, alcoholic
spirits, tobacco, leather handbags and luggage, silk, home decors, designer
clothing, and jewelry. These actions ensure those propagating this war of
choice cannot benefit from or enjoy these U.S. products.
164
Id.
165
Press Release, Additional Measures Against the Russian Financial System, U.S. Dept. of State
(Feb. 28, 2022), https://www.state.gov/additional-measures-against-the-russian-financial-system/.
166
Id.

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Additionally, the Department of State is imposing sanctions on four

board members of Novikombank, including its Chairwoman Elena
Aleksandrovna Georgieva. The State Department is also imposing sanctions
on AO ABR Management and four of its board members. This action
involves redesignating Yuri Valentinovich Kovalchuk and Kirill
Mikhailovich Kovalchuk, and designating their family members, and two
other board members of AO ABR Management – Dmitri Alekseevich
Lebedev, who is also the Chairman of the board of sanctioned Bank Rossiya,
and Vladimir Nikolaevich Knyaginin, Vice Governor of St. Petersburg.
The Department of the Treasury is redesignating Viktor Vekselberg
and blocking his aircraft and yacht. The Treasury Department is also
designating ten board members of VTB Bank, 12 members of the Russian
Duma who led the effort to recognize the so-called Donetsk and Luhansk
People’s Republics, and the wife and adult children of Kremlin Spokesman
Dmitry Peskov. These individuals and entities were designated pursuant to
Executive Order 14024.167
Additional severe economic sanctions imposed on March 11, 2022 in response to the
Russian Federation’s continued unjustified, unprovoked, and premeditated assault against
Ukraine and designed to inflict a severe diplomatic and economic price includes targeting the
following elites close to Putin: Yuri Kovalchuk; Kirill Kovalchuk; Dmitri Lebedev; Vladimir
Knyaginin; Elena Georgieva; German Belous; Andrey Sapelin; Dmitri Vavulin; Kira
Kovalchuk; and some family members of the above named.168 Next, on March 24, 2022 the
State department announces:
The Department of State is targeting elites close to Putin, along with their
property, holdings, and family members. Today, the Department has
designated:
• Dmitry Vladimirovich Gusev, Mikhail Lvovich Kuchment, Anatoly
Alexandrovich Bravverman, Ilya Borisovich Brodskiy, Aleksey Leonidovich
Fisun, Dmitry Vladimirovich Khotimskiy, Sergey Vladimirovich
Khotimskiy, Mikhail Vasilyevich Klyukin, Mikhal Olegovich Avtukhov,
Albert Alexandrovich Boris, Dmitry Vladimirovich Beryshnikov, Elena
Alexandrovna Cherstvova, Sergey Nikolaevich Bondarovich, Oleg
Alexandrovich Mashtalyar, Alexey Valeryevich Panferov, Irina Nikoalyevna
Kashina, and Joel Raymon Lautier
167
Press Release, Continuing to hold the Kremlin to Account, U.S. Dept. of State (March 11,
2022), https://www.state.gov/continuing-to-hold-the-kremlin-to-account/.
168
Press Release, Targeting Elites of the Russian Federation, U.S. Dept. of State (March 11,
2022), https://www.state.gov/targeting-elites-of-the-russian-federation-2/.

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These individuals are each being designated for being or having been a
leader, official, senior executive officer, or member of the board of directors
of PJSC Sovcombank, pursuant to section 1(a)(iii)(C) of E.O. 14024.
• OOO Volga Group
OOO Volga Group is being designated for operating or having operated in
the financial services sector of the Russian Federation economy, pursuant to
Section 1(a)(i) of E.O. 14024.
• Gennady Nikolayevich Timchenko
Gennady Nikolayevich Timchenko is being designated for being or having
been a leader, official, senior executive officer, or member of the board of
directors of OOO Volga Group, pursuant to section 1(a)(iii)(C) of E.O.
14024.
• OOO Transoil
OOO Transoil is being designated for being owned or controlled by, or
having acted or purported to act for or on behalf of, directly or indirectly,
Gennady Nikolayevich Timchenko, pursuant to section 1(a)(vii) of E.O.
14024.
• Ksenia Gennadevna Frank
Ksenia Gennadevna Frank is being designated for being or having been a
leader, official, senior executive officer, or member of the board of directors
of OOO Transoil, pursuant to section 1(a)(iii)(C) of E.O. 14024.
• Gleb Sergeevich Frank
Gleb Sergeevich Frank is being designated for being the spouse of Ksenia
Gennadevna Frank, pursuant to Section 1(a)(v) of E.O. 14024.
• Elena Petrovna Timchenko and Natalya Browning
Elena Petrovna Timchenko and Natalya Browning are each being designated
for being a spouse or adult child of Gennady Nikolayevich Timchenko,
pursuant to Section 1(a)(v) of E.O. 14024.
• The Yacht Lena
The Yacht Lena is property in which Gennady Nikolayevich Timchenko has
an interest and is therefore blocked property.
SANCTIONS IMPLICATIONS
The Department of the Treasury’s Office of Foreign Assets Control
(OFAC) will add the individuals, entities, and property above to the list of
Specially Designated Nationals and Blocked Persons. As a result of today’s
action, all property and interests in property of the individuals and entities
above that are in the United States or in the possession or control of U.S.
persons are blocked and must be reported to OFAC. In addition, any entities
that are owned, directly or indirectly, 50 percent or more, by one or more
blocked persons are also blocked. All transactions by U.S. persons or within
(or transiting) the United States that involve any property or interests in
property of designated or otherwise blocked persons are prohibited unless
authorized by a general or specific license issued by OFAC or exempt. These
prohibitions include the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any blocked person and the

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receipt of any contribution or provision of funds, goods, or services from any

such person.169
China and Ukraine
In her February 18, 2023 address to the Munich Security Conference, Vice
President Kamala Harris states, “We are also troubled that Beijing has deepened its
relationship with Moscow since the war began.”170 Vice President Harris warns:
Looking ahead, any steps by China to provide lethal support to Russia

would only reward aggression, continue the killing, and further undermine
a rules-based order. Again, the United States will continue to strongly
support Ukraine. And we will do so for as long as it takes. The American
people, you see, are in awe of the resolve of the people of Ukraine, in awe
of their resilience and righteousness, their willingness to fight for freedom
and liberty, and the extraordinary tenacity and leadership of President
Zelenskyy.171
At the one-year anniversary of Russia’s invasion The Wall Street Journal
observes that “China’s leadership is growing worried that increased Western military
support for Ukraine will severely weaken Russia, a key partner for Beijing in its
heightened competition with the U.S. and its allies.172
169
Press Release, Targeting Elites of the Russian Federation: Fact Sheet, U.S. Dept. of State
(March 24, 2022), https://www.state.gov/targeting-elites-of-the-russian-federation/.
170
171
Id.
172
Lingling Wei, China Rethinks War Stance, WALL ST. J., Feb. 21, 2023 at A7. See also Edward
Wong, U.S. Strives To Head Off Global Rift, N.Y. TIMES, Feb. 20, 2023 at A1.

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VIII. THE U.S. DEPARTMENT OF JUSTICE
President Putin’s craven lust for land and power will fail.
And the Ukrainian people’s love for their country will
prevail. Democracies of the world will stand guard over
freedom today, tomorrow, and forever… ―that’s what’s at
stake here: freedom… Russian forces and mercenaries…
have committed depravities, crimes against humanity…
They’ve targeted civilians with death and destruction. Used
rape as a weapon of war. Stolen Ukrainian children in an
attempt to… steal Ukraine’s future. Bombed train stations,
maternity hospitals, schools, and orphanages…
No one… can turn their eyes from the atrocities
Russia is committing against the Ukrainian people. It’s
abhorrent. It’s abhorrent.
President Joseph R. Biden
Warsaw, Poland
February 21, 2023173
Human Rights and Special Prosecutions Section (HRSP)
The DOJ’s Human Rights and Special Prosecutions Section (HRSP) “primarily
investigates and prosecutes cases against human rights violators and other international
criminals. HRSP investigates and prosecutes human rights violators for genocide, torture,
war crimes, recruitment or use of child soldiers, female genital mutilation, and for
immigration and naturalization fraud arising [from] efforts to hide…involvement in such
crimes.”174
In addition to domestic and international policy work the HSRP “prosecutes
perpetrators of… international violent crimes, particularly those involving the Military
Extraterritorial Jurisdiction Act (MEJA) or occurring within the [US] Special Maritime &
173
Remarks by President Biden Ahead of the One-Year Anniversary of Russia’s Brutal and
unprovoked Invasion of Ukraine, Given at The Royal Castle in Warsaw, Warsaw, Poland (Feb. 21,
2023), https://www.whitehouse.gov/briefing-room/speeches-remarks/2023/02/21/remarks-by-
president-biden-ahead-of-the-one-year-anniversary-of-russias-brutal-and-unprovoked-invasion-of-
ukraine/.
174
Human Rights and Special Prosecutions Section (HRSP), Dept. of Justice,
https://www.justice.gov/criminal-hrsp.

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Territorial Jurisdiction (SMTJ). Finally, HRSP prosecutes members of international
criminal networks [seeking] to evade our immigration laws, such as by smuggling
persons into the [U.S.].”175
Human Rights Violations and Extraterritorial Violent Crime
In her February 18, 2023 remarks before the Munich Security Conference, Vice
President Kamala Harris stated a cogent argument depicting Russian war crimes,
atrocities, and crimes against humanity.176 Vice President Harris states:
In the case of Russia’s actions in Ukraine, we have examined the

evidence. We know the legal standards. And there is no doubt these are
crimes against humanity… The United States has formally determined that
Russia has committed crimes against humanity. And I say to all those who
have perpetrated these crimes and to their superiors who are complicit in
these crimes: You will be held to account. In the face of these indisputable
facts, to all of us here in Munich: Let us renew our commitment to
accountability. Let us renew our commitment to the rule of law. As for
the United States, we will continue to support the judicial process in
Ukraine and international investigations, because justice must be served.
Let us all agree, on behalf of all the victims, both known and unknown,
justice must be served. Such is our moral interest.177
War Crimes Accountability Team
While meeting with Ukrainian Prosecutor General Iryna Venediktova on June 21,
2022, Attorney General Merrick Garland announced “additional actions to help Ukraine
identify, apprehend, and prosecute those individuals involved in war crimes and other
175
Id.
176
177
Id.

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atrocities in Ukraine.”178 Attorney General Garland’s announcement of a War Crimes
Accountability Team is intended to:
centralize and strengthen the Justice Department’s ongoing work to hold

accountable those who have committed war crimes and other atrocities in
Ukraine. This initiative will bring together the Department’s leading
experts in investigations involving human rights abuses and war crimes
and other atrocities; and provide wide-ranging technical assistance,
including operational assistance and advice regarding criminal
prosecutions, evidence collection, forensics, and relevant legal analysis.
The team will also play an integral role in the Department’s ongoing
investigation of potential war crimes over which the U.S. possesses
jurisdiction, such as the killing and wounding of U.S. journalists covering
the unprovoked Russian aggression in Ukraine.
‘There is no hiding place for war criminals. The U.S. Justice
Department will pursue every avenue of accountability for those who
commit war crimes and other atrocities in Ukraine,’ said Attorney General
Garland. “Working alongside our domestic and international partners, the
Justice Department will be relentless in our efforts to hold accountable
every person complicit in the commission of war crimes, torture, and other
grave violations during the unprovoked conflict in Ukraine.”
To lead this effort, the Attorney General has tapped Eli
Rosenbaum to serve as Counselor for War Crimes Accountability.
Rosenbaum is a 36-year veteran of the Justice Department who previously
served as Director of the Office of Special Investigations (OSI), which
was primarily responsible for identifying, denaturalizing, and deporting
Nazi war criminals. In his role as Counselor for War Crimes
Accountability, Rosenbaum will coordinate efforts across the Justice
Department and the federal government to hold accountable those
responsible for war crimes and other atrocities in Ukraine. Rosenbaum
will be joined in his work by other prosecutors from the Human Rights
and Special Prosecutions Section (HRSP), including Acting Section Chief
Hope Olds and prosecutors Christian Levesque, Christina Giffin, and
Courtney Urschel.179
178
Press Release, Attorney General Merrick B. Garland Visits Ukraine, Reaffirms U.S.
Commitment to Help Identify, Apprehend, and Prosecute Individuals Involved in War Crimes and
Atrocities (June 21, 2022), https://www.justice.gov/opa/pr/attorney-general-merrick-b-garland-
visits-ukraine-reaffirms-us-commitment-help-identify.
179
Id. See also Jared Gans, ‘Nazi hunter’ Eli Rosenbaum to lead DOJ team investigating war
crimes in Ukraine, THE HILL (June 21, 2022),
https://thehill.com/homenews/administration/3531255-nazi-hunter-eli-rosenbaum-to-lead-doj-
team-investigating-war-crimes-in-ukraine/.

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Corrupt Russian Oligarchs and Task Force KleptoCapture
On March 2, 2022 Attorney General Merrick B. Garland announced creation of
Task Force KleptoCapture crafted as “an interagency law enforcement task force
dedicated to enforcing the sweeping sanctions, export restrictions, and economic
countermeasures that the United States has imposed, along with allies and partners, in
Response to Russia’s unprovoked military invasion of Ukraine.”180 The Task Force “will
ensure the full effect of these actions, which have been designed to isolate Russia from
global markets and impose serious costs for this unjustified act of war, by targeting the
crimes of Russian officials, government-aligned elites, and those who aid or conceal their
unlawful conduct.”181 In addition:
Task Force KleptoCapture will be run out of the Office of the Deputy
Attorney General and staffed with prosecutors, agents, analysts, and
professional staff across the Department who are experts in sanctions and
export control enforcement, anticorruption, asset forfeiture, anti-money
laundering, tax enforcement, national security investigations, and foreign
evidence collection. It will leverage all the Department’s tools and
authorities against efforts to evade or undermine the economic actions
taken by the U.S. government in response to Russian military aggression.
The mission of the Task Force will include:
• Investigating and prosecuting violations of new and future sanctions
imposed in response to the Ukraine invasion, as well as sanctions
imposed for prior instances of Russian aggression and corruption;
• Combating unlawful efforts to undermine restrictions taken against
Russian financial institutions, including the prosecution of those who
try to evade know-your-customer and anti-money laundering
measures;
• Targeting efforts to use cryptocurrency to evade U.S. sanctions,
launder proceeds of foreign corruption, or evade U.S. responses to
Russian military aggression; and
• Using civil and criminal asset forfeiture authorities to seize assets
belonging to sanctioned individuals or assets identified as the proceeds
of unlawful conduct.
180
Press Release, Attorney General Merrick B. Garland Announces Launch of Task Force
KleptoCapture, U.S. Dept. of Justice (March 2, 2022), https://www.justice.gov/opa/pr/attorney-
general-merrick-b-garland-announces-launch-task-force-kleptocapture#main-content.
181
Id.

Maia McFarlin

The Task Force will be fully empowered to use the most cutting-
edge investigative techniques — including data analytics, cryptocurrency
tracing, foreign intelligence sources, and information from financial
regulators and private sector partners — to identify sanctions evasion and
related criminal misconduct.
Arrests and prosecution will be sought when supported by the facts
and the law. Even if defendants cannot be immediately detained, asset
seizures and civil forfeitures of unlawful proceeds — including personal
real estate, financial, and commercial assets — will be used to deny
resources that enable Russian aggression. Where appropriate, information
gathered through Task Force investigations will be shared with
interagency and foreign partners to augment the identification of assets
that are covered by the sanctions and new economic countermeasures.
Task Force KleptoCapture will complement the work of the
transatlantic task force announced by the President and leaders of the
European Commission, France, Germany, Italy, the United Kingdom, and
Canada on Feb. 26, which has a mission to identify and seize the assets of
sanctioned individuals and companies around the world.
Task Force KleptoCapture will be led by a veteran corruption
prosecutor assigned to the Deputy Attorney General’s Office from the
U.S. Attorney’s Office for the Southern District of New York. This
prosecutor has a long and successful track record of investigating Russian
organized crime and recovering illicit assets. The Task Force leadership
will include Deputy Directors from both the National Security and
Criminal Divisions, and more than a dozen attorneys from these divisions,
as well as the Tax Division, Civil Division, and U.S. Attorneys’ Offices
across the country.
The Task Force will include agents and analysts from numerous
law enforcement agencies, including the FBI; U.S. Marshals Service, U.S.
Secret Service; Department of Homeland Security–Homeland Security
Investigations; IRS–Criminal Investigation; and the U.S. Postal Inspection
Service.
The Task Force is authorized to investigate and prosecute any
criminal offense related to its mission, including conspiracy to defraud the
United States by interfering in and obstructing lawful government
functions; money laundering; false statements to a financial institution;
bank fraud; and various tax offenses.182
Focus on Illicit Finance
Attorney General Garland’s June 21, 2022 announcement of a War Crimes
Accountability Team included his statement that “the Justice Department will provide
182
Id.

Maia McFarlin

additional personnel to expand its work with Ukraine and other partners to
counter Russian illicit finance and sanctions evasion.”183 This focus is expected to:
Among other things, the Department will provide Ukraine an expert

Justice Department prosecutor to advise on fighting kleptocracy,
corruption, and money laundering. In addition, it plans to deploy two
expert attorneys from the Office of International Affairs (OIA) – one to a
U.S. Embassy in Europe, and another to a U.S. Embassy in the Middle
East – in support of the Department’s KleptoCapture Task Force. These
senior attorneys will work closely with their counterparts in EU member
states and Middle Eastern countries to facilitate mutual legal assistance
and extraditions relating to Russian illicit finance and sanctions evasion,
including with respect to designated Russian oligarchs who have
supported the Russian regime and its efforts to undermine Ukrainian
sovereignty.184
IX. CONCLUSION
In summary, the Russia and Ukraine conflict is a delicate and complex issue.
Steeped in a history extending decades, Ukrainian independence ought not be a struggle
in the modern day. The international community has established treaties and laws to
prevent the exact kind of violence carried out by Russian forces. From the Geneva
Conventions to the Rome Statute, Russia’s violations of international law are obvious and
inexcusable. The potential charges include genocide, crimes of aggression, and myriad
war crimes. Each avenue for determining international law offers its own advantages,
though universal jurisdiction seems the most promising hope of retribution. We can
expect to see inflation rise in the global market due to international response. Further, the
threats. Of great consideration is the relationship between Russia and China. Meanwhile,
183
Press Release, Attorney General Merrick B. Garland Visits Ukraine, Reaffirms U.S.
Commitment to Help Identify, Apprehend, and Prosecute Individuals Involved in War Crimes and
Atrocities (June 21, 2022), https://www.justice.gov/opa/pr/attorney-general-merrick-b-garland-
visits-ukraine-reaffirms-us-commitment-help-identify.
184
Id.

Maia McFarlin

Ukrainians will continue to suffer at the hands of Russian forces until Putin is stopped.
Despite the pros and cons of the ICC, ICJ, and universal jurisdiction, the best solution is
arguably anything that can be done to end the violence.

Maia McFarlin

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EARLY DRAFT-COMMENTS WELCOME- 3/19/2023 6:06 PM

PUTIN, RUSSIA AND UKRAINE: INTERNATIONAL HUMAN RIGHTS

* BA, The American University; MBA, The George Washington

** BA (political science and government), Prairie View A&M University;

© 2022-23 Lawrence J. Trautman & Page 1 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

Keywords: China, Crimes Against Humanity, cyber, Human Rights Violations,

© 2022-23 Lawrence J. Trautman & Page 2 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

International Court of Justice ........................................................................................ 34

© 2022-23 Lawrence J. Trautman & Page 3 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

PUTIN, RUSSIA AND UKRAINE: INTERNATIONAL HUMAN RIGHTS

of Ukraine is an extremely significant international event with rippling effects. As the

© 2022-23 Lawrence J. Trautman & Page 4 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

infrastructure.”6 We believe this Article contributes to the literature as we seek to apply

implications of these important developments.

forces in Ukraine. Fourth, is an overview and explanation of relevant international law

examination of the impact of technology on warfare. Seventh, we discuss relevant matters

© 2022-23 Lawrence J. Trautman & Page 5 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

Department of Justice in this controversary. Finally, we conclude.

I. RUSSIA AND UKRAINE: A BRIEF HISTORY

We have no choice but to defend our choice. It is our

The recent Russian invasion of Ukraine is not an isolated incident. Rather, it

significance of recent developments, it is critical to review the legacy of this history. It is

© 2022-23 Lawrence J. Trautman & Page 6 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

always had its own separate, distinct culture and history.

© 2022-23 Lawrence J. Trautman & Page 7 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

fought Soviet mandate to collectivize”.15 The tragedy is known as Holodomor and is

culture as superior.17 In 1941, Nazi Germany seized authority of Ukraine, leading to a

series of disputed events in history.18 Putin conveniently characterizes Ukraine as a “Nazi

nation”.19 The truth is far more complex.

murdered in Ukraine”.22 However, to depict Ukraine as intrinsically Nazi would be a

“Ukraine’s current president, Volodymyr Zelenskyy, is Jewish”.24 At the end of World

© 2022-23 Lawrence J. Trautman & Page 8 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

those weapons to Russia”. 26

therefore, unsurprising that Putin is vehemently against Ukraine joining NATO. If

Ukraine were to be admitted as a member state, any infringement on the country’s

Sweden take steps to join NATO.32 Finland’s Parliament on March 2, 2023,

© 2022-23 Lawrence J. Trautman & Page 9 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

application had been held up by Turkey.”33

Russian 2014 Invasion and Occupation of Ukraine

In 2014 Russia invaded the Crimean Peninsula, annexing an area of Ukrainian

the threat of “a functioning, successful, prosperous democracy in Ukraine,” which might

© 2022-23 Lawrence J. Trautman & Page 10 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

implement a bold economic reform agenda underpinned by ambitious cooperation with

convoluted history and shaped by international power dynamics.

II. RUSSIAN INVASION AND OCCUPATION 2022

Since launching his unprovoked and unjust war of choice,

© 2022-23 Lawrence J. Trautman & Page 11 All rights reserved

Electronic copy available at: https://ssrn.com/abstract=4393282

Events Leading Up to Invasion

In retrospect, our research indicates a pattern of numerous documented phone

immediately leading up to the invasion in an effort to respond to the Russian threat.

NATO Secretary General Jens Stoltenberg (underscoring U.S. readiness to impose