escape their village by car. just hours after president biden first used the word genocide to describe russian atrocities, clear patterns of international humanitarian law by russian forces here. experts from the organization for security and cooperation in europe, or osce, say they found credible evidence suggesting violations of quote, even the most fundamental even rights have been committed. another horrifying example, dozens of local officials, activists and journalists being abducted by the russians and forcibly disappeared. the whereabouts of many of those detained, still unknown. the report cites many well documented cases of the use of cluster munitions, rockets or bombs that hold dozens of smaller bombs inside and are designed to discharge over a wide area, inflicting as much damage as possible. this video shows what appear to be cluster bombs exploding in chargive in the east. you can see at least four explosions. seconds apart. spreading about 90 meters across a roadway, and another blast moments later. farther east, new satellite images show ground forces redeploying and moving into eastern ukraine. the donbas region in the southeast now bracing for a major russian offensive. the russian military threatening today to strike ukrainian decision making centers, such as the capital of kyiv. president biden and ukraine's president zelenskyy, biden pledging in that call to send a new round of resistance aid. it is not yet clear if biden's declaration of genocide which he offered as a personal pip, not a relevant ruling, will trigger any changes to u.s. policy. phil black joins us live from kyiv. i want to start with this new report. the report says violations occurred on the russian side but also on the ukrainian side. what are you learning? >> reporter: well, jake, this 110-page report essentially backs up much of what we've been witnessing in this war so far. i has found widespread violations of international human and humanitarian rights laws. it points out a long list of incidents that could be considered war crimes. it specifically talks about russia violating its obligations through its widespread attacks on, and disproportionate attacks on a large number of civilian targets and infrastructure. and the greatest civilian death toll that those caused and it specifically talks about other violations that have taken place behind russian lines. so killings, torture, disappearances, other degrading and inhuman treatment. you are right. it does point out the ukrainian violations as well, it specifically says the russian violations are of a name and scale that is much larger. the ukrainian violations largely are on the illegal treatment of russian prisoners of war. this was not an exhaustive investigation. time was limited. access on the ground was limited. the russians didn't cooperate. but it is a report that begins to process documenting many of the crimes, the inhuman behavior taking place in ukraine in recent weeks. >> and the russian military today threatened to strike ukrainian, quote, decision making centers, including where you are. the capital of kyiv. how seriously are ukrainian officials taking that threat? >> reporter: given everything that russia has already done in this country, ukrainian officials have no reason to doubt russia's will and intent to follow through with that threat. the threat comes and will follow, it says, if ukraine continues to plan attacks, or sabotage against russian targets on the soil of the russian federation. it says it has evidence that ukraine is continuing to do this. now there has been one high profile example of such an attack. russia accusing ukraine of destroying a field depot in the city a few weeks ago. at the time, the ukrainian officials refused to confirm or deny. one theory at the time for ukraine's reluctance to discuss the details of that alleged attack was the possibility that it could trigger an escalation. that russia could strike back. now, the russian military is saying very publicly, very explicitly that that is exactly what it will do if ukraine continues to even think about launching strikes like that on the territory of the russian federation. >> all right. phil black reporting live from kyiv. thank you. the mayor of mariupol says 180,000 people are waiting to be evacuated from that besieged city. we should note, no humanitarian corridors were open today because russian forces were brocking the evacuation buses. the riesistance is putting all that bitter fight for mariupol. >> reporter: weeks after the offensive began to take the city and still ukraine's government says mariupol has not yet fallen. the key port on the southeast port of ukraine increasingly a symbol of both ukrainian resistance and russian military goals. ukrainian officials are holding up the city as the fight, that two different units have managed to link up and continue their fight. one of those units releasing a message saying, they, quote, did not give up their positions. and now there are accusations from the ukrainians that russia has used chemical weapons here. >> translator: the day before yesterday, the russian troops attempted to strike our city with a so-called chemical attack. they tried to drop a chemical agent on our defenders. the agent did affect our defenders and there's evidence of the number of people living in the settlements on the outskirts were also affected. >> reporter: president zelenskyy accusing russia of using bombs and other prohibited weapons. no conclusive imagery has surfaced and russia denies even having chemical weapons, but chemical weapons are not the destruction in mariupol has been devastated. the mayor said more than 90% of the city's infrastructure has been damaged or destroyed, and officials say russian forces have cut off crucial supplies, including water and food. >> we are currently discussing 20 to 22,000 people dead in mariupol. >> reporter: meanwhile, russia has engaged in an intensive propaganda campaign saying it is close to what would be its first major ukrainian city since the war began. >> translator: as a result of the actions of the russian armed forces and the units of the dp rcmp, 126 ukrainian military personnel of the 36 marine brigade willingly laid down their arms and surrendered. >> reporter: the russian military taking some report orders a tour of the now destroyed theater where hundreds of people had been sheltering when it was hit by a russian air strike last month, according to ukrainian officials. >> translator: you can see for yourself what the situation in the city is. there are a lot of dead people. >> reporter: for those still alive, a hellish land scape persists. ukraine's government says about 180,000 people in and around the city still need to be evacuated. so far, many have not been able to do so. >> reporter: i think we need to highlight what the ukrainian government is saying. you're talking about an unknown death toll at this point in terms of the exact number but they're saying thousands and thousands of people have been killed in mariupol and they're still trying to understand the overall scale of what is happening. >> it's horrific. and since the humanitarian corridors remain locked, is there any way to help the 180,000 people still there? >> in an scale that makes a difference, no. not only is it difficult to get out of that city, but getting to another city, for example, like zaporizhzhia, there's an increased number of russian check points that have been set up between two cities. even if people can get out of mariupol, which is incredibly difficult, just getting to the next city down the line to be safe is also fraught with peril. >> thank you. we appreciate it. joining me now to discuss, distinguished chair of the middle east institute. general, thank you for joining us. let's start with these satellite images of the russian troops deploying, with tents, quilt, personnel carriers, territory. what do you anticipate is russia's next move in the east? >> thank you for having me on. this is a concerning development. the forces are coming from the north. they took a whipping in the north and now they'll learn from that and i think better be prepared. they had some command and control problems. you've heard that a new commander has been put in charge. and that i think will bring more singular focus to what they're going to do. and finally, you know, now we're going to have armored forces in terrain that is much more friendly to armored forces. and in the northern part of the country, there was a lot of places where things like j javelins and others were able to strike at armored vehicles. it will be a little harder to get close to do that in the south. this is something we'll have to watch. >> so a spokesman for the french military says putin is preparing for a large scale offensive to conquer the entire donbas region. what does that mean for the ukrainians who live in the donbas region? >> well, if we look at what happened in the north, in those cities in the north, it is not good. if the butchery that happened in the north of ukraine is carried on even more in the south, it is not good for those residents. we really may not know what has happened in mariupol for some time. but if it is the continued war crimes and butchery of the north, this is not going to be good for the people of ukraine. >> president putin said this week, his main goal is to take control of the donbas. if he does indeed succeed in that goal, do you think he will stop there? >> no, i do not. i think over the last several days, you've started to hear some new stories about the nazi influence in moldova. i believe if mr. putin is able to have some success in the south, and he is able to advance maybe toward odesa, if not taking odesa, and he doesn't, he isn't opposed by the western world, then i do not believe we're done in ukraine. >> here you're referring to the propaganda they say, the russian propaganda suggesting that moldova is run by nazis the same as they say by ukraine. it's not true. it's insane. finland published a report today that included an assessment of the country possibly joining the nato alliance. the report outlines the most significant effect of the possible nato membership would be that finland would be part of the nato's collective defense and be covered by the security guarantees enshrined in article five, which is of course an attack on one is an attack on all. how will this be viewed in moscow and how do you anticipate putin would respond? >> well, if we remember the two documents mr. putin gave us and told us to sign before the war, or there would be other means, we now understand what that means. what he was trying to do was move nato back and move nato weapons off his borders. and for sure, get america out of those border areas. and now what finland is proposing will put another strong military on his borders in the nato camp. and may i just pay huge compliments to the finnish military who are extremely compatible with nato forces. they have exercised with us at incredibly high levels. and this is an army that is prepared to almost immediately match the tactics, techniques and procedures of nato. so it would be a great thing for the men and women. nato and the nations of nato. and we are also cognizant of a process by which the finnish people make these decisions and we respect the way they do it. >> the biden administration promised some $800 million additional dollars in new security assistance. that brings the total aid from the u.s. to more than $3 billion since president biden took office. a tremendous amount of money. i also have to ask, is that enough? >> well, let's say right up front, we are thankful for what america's congress and america's administration is doing. we're thankful for the things they're getting them. but the measure of merit is not how much money we put in this. the measure of merit is, are we getting them the right things? what they are asking for? what they need. so we'll take a hard look at this $800 million that is being brought forth. the fight in the south will be different. it will favor armored capabilities. so are we getting to ukraine the kind of equipment they need to fight that? again, in-laws and javelins are always useful but they'll be less useful in the south. it is more open terrain which length itself to the force that russia is going to bring to the fight. >> former nato supreme allied commander, general philip breedlove. thank you for coming on. there is evidence that russia's pivot to the east has started. we'll bring you that. plus, new york city today, the trail of evidence that helped police track down the man they say was behind yesterday's brutal subway attack. stay with us. this is koli. my foster fail (laughs). when i first started fostering koli i had been giving him kibble. it never looked or felt like real food. but with the farmer's dog you can see the pieces of turkey. it smells like actual food. i saw a difference almost overnight. healthy poops, healthy dog, right? as he's aged, he's still quite energetic and youthful. i really attribute that to diet. you know, he's my buddy. my job is to keep my buddy safe and happy. ♪ get started at longlivedogs.com we're back with our world lead. putin's troops were not physically, nor were they mentally ready for this war, according to a pentagon official. now russia is regrouping with a focus on eastern ukraine. as ben report for us now, there's preparation for the assault. >> reporter: all is not quiet on ukraine's eastern front. not far from the town, russian mortars warn of what is to come. ukrainian officials say the offensive in the donbas region, the eastern part of ukraine has begun. perhaps it has. >> reporter: or perhaps this is the softening up of the onslaught. among ukrainian troops, bravado. this officer gives a more sober assessment. the russians are building up for an attack. they're coming and coming and coming, lieutenant leonid tells me. we're not in an easy situation. russian shelling tuesday killed three people including a 16-year-old girl, according to the town mayor. who has been urging residents to leave. not everyone heeds his call. the stubborn few wait for supplies. >> translator: this is our town, she insists. we're staying here. we know our soldiers are protecting us. >> reporter: this person waits for a hare power. we'll pray to god. maybe he will save us all. this woman sits outside her home. she, too, is staying put. my son's wife is scared and will probably leave today, she says. but i am not afraid. and then off she goes on her bicycle, gathering storm be damned. and we were there for two days, today and yesterday. yesterday there was some shelling. today, there was a lot more. according to town residents, the intensity is growing every day. of course, they are anticipating this russian offensive. the mayor there and the mayor here, in this town of kramatorsk, have the same problem. they're urging everyone to leave now but many people are not. jake? >> ben, what do you see in terms of preparations for the russian offensive beyond what you just said? >> reporter: there are intensive preparations ongoing. we've seen a lot of land mines being laid. trenches being dug. more troops and armor heading to the front and behind the front. so certainly, the ukrainians are preparing and preparing fairly intensively for what many people fear is going to be this offensive. and of course, that town is really the first stop if the russians attack from the north. the expectation is it will be a pincer movement. and of course, this city, kramatorsk, is right in the middle of that. jake? >> ben wedeman, thank you. president biden now using the term genocide to scrub russian invasion. that word choice is not sitting well with a loyal u.s. ally. stay with us. your record label is taking off. but so is your sound engineer. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire continuing with our world lead, there is reaction from president biden describing what vladimir putin and his troops are doing here in ukraine is genocide after the president used the word in a speech yesterday, reporters asked him if he meant it. here is part of his answer. >> yes. i called it genocide. the evidence is mounting. more evidence is coming out of the, literally the horrible things that the russians have done in ukraine. >> we're joined now by david from 1997 to 2001, he was the first u.s. ambassador at large for war crimes issues and led the u.s. delegation to the united nations talks establishing the international criminal court. he's also a senior fellow at the council on foreign relations. ambassador, thank you for joining us. let me put up the definition of genocide. it includes a mental element. an intent to destroy in whole or in part a national, ethnic group. also causing killing, bodily or mental harm, destructive conditions, preventing births and transferring children to mothers of another group. so what do you think has vladimir putin checked enough boxes here for this to be genocide? >> he's actually checking all the boxes, jake. the evidence is coming in. international lawyers, myself for quite a number of days now saying that the red lines of genocide are being approached very, very quickly. first we were able to determine war crimes as a crime by the russian military. then crimes against humanity because of the widespread assault on the civilian population. and now, because this is an attack against a protected group under the genocide convention, which is the ukrainian national people, with millions fleeing, including a clear assault on children, and also, forcible deportations, you have to start talking about genocide. that doesn't mean we know who has the specific intent to commit genocide. but we are seeing the indicators of genocide. and i think president biden was perfectly in his lane. the right lane as a political leader to call this out. under the genocide convention, out obligation as a state party is to prevent and punish genocide. it is not possible to prevent genocide unless you call it out early enough to do so. you can't wait five or ten years for a report to say it is genocide. so there is a distinction between a political judgment on genocide and tuthe ultimate leg word genocide. >> experts as you know better than i say intent is the hardest element of this to prove. it is easy to see what the russians are doing. do they intend to be committing genocide? president biden said it is becoming clear that putin is trying to wipe out even the idea of being ukrainian. does that count as intent? >> it can be an inference of intent. that's what you determine in a tribunal. when it comes to the law enforcement genocide, there is a way to show that inference is demonstrated by the circumstances, including the statements being made by political leaders. you put all of that together and the inference is there, even if you don't have a document that says literally, it is may specific intent to destroy all or part of this group. obviously, you're not going to have this kind of document. but cases are proven in a court of law with inferences and with other statements that get you very close to an expression of specific intent. i think at this moment. so has been said from moscow, from the kremlin, from mr. putin himself, that is so self-incriself- self-incriminati self-incriminating, that we should be talking about the seriousness of each category. war crime, crimes against humanity and genocide. they're all coming together now. >> biden that he would let the lawyers decide which would suggest the u.s. is not ready as of right now make a formal declaration of genocide. the u.s. state department would do that. what legal obligations would such a declaration trigger for the international community? i am reminded it was only last month that the u.s. formally declared that myanmar committed genocide against the rohingya. >> it is a common argument to say that we have to have an official designation by our government of genocide before we fulfill our obligations under the genocide convention. wrong. because if you wait for that, then you wait for years. we just came out in the u.s. government with a determination of genocide against the rohingya in myanmar, which was the ethnic cleansing campaign of 2017. that's five years ago. and we just came out with the lawyers' determination that that, too, was genocide. so how do you responsibility to this in real-time if you have to wait for an official designation? of course, it is very important to get that and courts will want that. they will look to that as evidence that can be presented in a court of law against a particular individual, or in the international court justice against, for example, the country of myanmar and the rohingya. but we can't kind of go down these rabbit holes of denying ourselves the ability to enforce the genocide convention. >> yeah. the worldwide reaction was interesting. president zelenskyy sent out a tweet thanking the president. and saying it is not sure it stops the war or rebuilds peace. what did you make of that? >> with all due respect, the situation in ukraine is so unbelievably escalated at this stage, i don't see how you can escalate it further with language which quite frankly is fairly accurate. it took us a while to all say, oh, yes, it's war crimes. and then it took a while to say yes, it's crimes against humanity. now it is taking a while to say it's genocide. i like to say from the very beginning. it is atrocity crimes and you have to respond to it. a war crime, crimes against humanity or genocide, we must respond in order to try to stop it. these are the lives of hundreds of thousands and million of people at stake. you cannot hold hostage effective policy making with a definitional joust about whether it is genocide or crimes against humanity. the french are doing this in nato. you respond to the atrocity crimes. >> and what should the response be? the u.s. and nato have had a very strong response in terms of sanctions and aid to ukraine, a new package announced today, or yesterday, of economic aid. more, i'm guessing, needs to be done including cutting off russian fuel so that putin doesn't have money to fund this. what do you recommend? >> well, first of all the genocide convention does not require us to do more than what we are doing which is an enormous amount. nato is doing an enormous amount. there is no clear line drawn between putting boots on the ground and providing munitions and armaments and everything else to the ukrainian army. so it is a fairly phenomenal response to what is during in ukraine. but i think i would sum it up. it is a long argument but i think i would sum it up by saying, we need to resurrect the concept of a humanitarian intervention under international law and not be strapped to the bench by the u.n. charter that requires the security council resolution under chapter 7. when you have this kind of agony going on, with millions of people at stake, there is a rationale for not only responding with a humanitarian intervention that could be effective but one that resurrects within the u.n. charter the concept of collective self-defense. ukraine has the right to call for collective self-defense. and nato is doing that, to some extent, nato countries, i should say. but at some point you have to determine, to what extent is the carnage going to continue without a more robust response on the ground? >> yes. thank you for your time and expertise. how a single tim helped lead to the arrest of the subway shooter yesterday. stay with us. in a buttery brioche roll. made fresh, to leave you... speechless. panera's new chefef's chicken sandwiches. $1 delivery fee e on our app. shopping on public wifi is sketchy. but with aura digital security, my devices are protected in like 3 minutes. protect your wifi, credit, passwords and more. try for free at aura.com i should buy this... oooh socks! we have some breaking news for you in our national lead. the brooklyn subway shooting suspect has been captured. moments ago, we saw the 62-year-old frank james being transported in police custody. earlier video captures the moment he was arrested by new york patrol officers. the new york police commissioner says the officers were responding to a crime stopper's tip and he was taken without incident. investigators say james is the gunman who fired 33 shots at morning commuters yesterday around 8:25 a.m. in brooklyn. five of the victims were children on the way to school. the motive for the attack has not been officially revealed. police are investigating multiple racist and rambling videos the suspect posted on youtube, including one in which he discusses his desire to kill. >> my fellow new yorkers, we got it. >> reporter: frank robert james who opened fire on a subway train in brooklyn tuesday, now in custody. patrol officers arresting james walking the streets in new york city's east village today. >> officers in response to a crime stopper's tip stopped mr. jail at 1:42 p.m. at st. mark's place and first avenue in manhattan. he was taken into custody without incident and has been transported to an nypd facility. we hope this arrest brings some solace to the victims and the people of new york. >> reporter: the 62-year-old talked about violence and mass shootings and multiple rambling videos posted on youtube including this one on monday. >> i've been through a lot of [ bleep ]. i wanted to kill people ifrlt wanted to watch them die right in front of me. i thought about the fact, hey, i don't want to go to [ bleep ] prison. >> reporter: in other individuals, he said he had ptsd and rambled with mayor eric adams. >> why aren't we identifying these dangerous threats? why aren't we being more proactive? instead of waiting for this to happen? >> reporter: the videos showing him leaving his home on march 20th, he said he was heading to the quote, danger zone. he then stopped in ft. wayne, pittsburgh, and newark before arriving to philadelphia on march 25th. police initially named james a personal of interest because they found a credit card and keys to a rented u-haul van at the season. later tracking down the vehicle where sources say it appeared he may have spent the night. james rented the van from this philadelphia store on monday. investigators also linking the gun found at the scene to a purchase by james, sources say. and authorities have tracked the purchase of a gas mask to james through an ebay account. we are now learning more about the victims. >> i was sitting right next to the shooter. >> reporter: he was shot in the back of his knee, trying to flee the scene. >> this lady was pregnant, yelling help. everybody was pushing. i'm thinking a smoke bomb. i grabbed her from the back so she don't get shot in the back. she was pregnant. a lot of people kept rushing. that's when i got shot in the leg. >> reporter: police say james shot a total of 33 rounds in the crowded car before his gun jammed. five of the injured were children on the way to school. >> reporter: and jake, in another bizarre twist, we're now learning from law enforcement officials that frank james called in on himself. officials telling us, that crime stop tip they received that ultimately led to his capture, he called in on himself. that's how police found him. he is expected to be in court later tonight or tomorrow. he's facing federal charges. >> all right. on the season from brooklyn, thank you. so. just in moments ago from michigan, authorities released video of a deadly encounter with a black man shot during a police traffic stop. what investigators are saying about this case. that's next. you never know what opportunities life will send your way. but if you have moderate to severe rheumatoid arthritis or psoriatic arthritis, enbrel can help you say i'm in for what's next. ready to create a bigger world? 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>> they're calling this a difficult day. leading up to what you just saw play out on the screens, police say they pulled over the vehicle for mismatched plates and registration, though they wouldn't say why they were standing them in the first place. as soon as patrick lyoya is pulled over, he's seen outside the car. there is a discussion. he starts running, the officer tackles him to the ground and they're struggling for a matter of minutes. the officer tried to deploy his taser twice and lyoya is seen trying to grab that taser. they're up, they're down, and then they go for the final time. the final haerds we heard from the officer are drop the taser. and then a single gun shot. the officer gets up. lyoya doesn't. now, the central questions here become what prompted this officer to pull out his weapon? and the officer is seen on top of lyoya while he is face down. i asked the police chief, what was the officer, what is the officer trained to try and do. in situation? take a listen to what em. >> typically the answer is you try to place him in custody. you try to secure that individual. the question is, with the use of force on, policy, i won't comment only. the defense will be whether the view of reasonable police officers, whether that deadly force was needed to prevent death or great bodily harm to that officer. that's the test for the policy. >> again, the question is what prompted that officer to pull out the gun, and if it was the taser, whether the taser prompted a threat or rose to the threshold of great bodily harm or death. >> what's the next step in the process for this officer whose gun discharged, as the police are putting it? >> well, we've got a lot of things happening moving forward. one, we're seeing protests over the last few days and the city is preparing to see some of them over the next few days. police have called for them to be peaceful. the governor is calling for an investigation at the state level as police at thatally take over these shootings. she mentioned they have sboen the lyoya family, offering their condolences. on the procedure portion of this, after the state investigation is over, it is referred to the county prosecutor for potential charges or back to the police department for disciplinary procedures. should i mention, he is on paid leave at this point, stripped of police powers. >> all right. omar jimenez, thank you. coming up next, more teams on the ground in eastern ukraine and forced to retreat as russian troops almost close them in. stay with us. bring what up, kay? excuse me? do the research, todd.d. listen to meme, kayak searches hundreds of travel sites to find you great deals on flights, cars and hotels. they're lying to you! who's they? 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