so, these questions will arise. the very fact that they will arise is, ithink, an important stage because putin, without any reasonable doubt, is guilty of the international crime of aggression. he s a man who. well, let me stop you there. as you call it, the international crime of aggression is not something that he can be tried for by the icc. it s not. if i may say so, it s an irrelevance when it comes to the icc. well, with the icc, he s guilty of command responsibility, which is the doctrine that developed from the second world war, of endorsing the crimes that he knew about. you can see them on television, the bombing of civilians, children in buildings. he s guilty of the crime that he s been charged with because he has command responsibility of the war. yes. of the war crimes.
we should say that at this stage, karim khan, the chief prosecutor at the icc, has chosen to specify the crime, which concerns the transfer and deportation of thousands of children from ukrainian territory to russian territory. the kidnapping of children, which is a crime long damned by the geneva convention. but again, to be clear, and your legal experience really matters here, because you have a long association with war crimes investigations, putin cannot be tried in absentia by the icc, can he? no. he literally. he physically has to be in their hands. the united nations general assembly could set up a court to try him in absentia for the crime of aggression, but the icc itself has to confine itself to war crimes and can use the doctrine of command responsibility, which obliges him on knowing of war crimes
the international crime of aggression is not something that he can be tried for by the icc. it s not. if i may say so, it s an irrelevance when it comes to the icc. well, with the icc, he s guilty of command responsibility, which is the doctrine that developed from the second world war, of endorsing the crimes that he knew about. you can see them on television, the bombing of civilians, children in buildings. he s guilty of the crime that he s been charged with because he has command responsibility of the war. yes. of the war crimes. we should say that at this stage, karim khan, the chief prosecutor at the icc, has chosen to specify the crime, which concerns the transfer and deportation of thousands of children from ukrainian territory to russian territory. the kidnapping of children,
which is a crime long damned by the geneva convention. but again, to be clear, and your legal experience really matters here, because you have a long association with war crimes investigations, putin cannot be tried in absentia by the icc, can he? no. he literally. he physically has to be in their hands. the united nations general assembly could set up a court to try him in absentia for the crime of aggression, but the icc itself has to confine itself to war crimes and can use the doctrine of command responsibility, which obliges him on knowing of war crimes and he s seen them, as buildings are bombed by his own forces to investigate and to prosecute, and, of course, he s been entirely insouciant about the crimes committed by his own forces, which he knows well about. so, for those reasons, and there are more indictments coming for killing civilians, children, in those bombings,
Judge Malcolm Simmons delivered training on ‘Command Responsibility’ to Ukrainian war crimes investigators. Although planned before the recent decision of the