What prevents Ukraine in the extradition of Russian war criminals … And why Interpol does not help – analytics

“Ukraine is actively trying to bring war criminals accountable, but, according to data, with 2022 The National Bureau of Interpol of Ukraine received more than 70 requests investigators on the placement of notifications of an international wanted list of suspects in war crimes.

However, none of these requests was satisfied. The General Secretariat of Interpol refuses to consider such requests, referring to the ban on interfering in military affairs. “

Imagine a country that every minute of its modern story is faced with the horrors of aggression, where peaceful families lose their loved ones, and cities turn into ruins. Such is Ukraine in recent years when the aggression of Putin Russia brought death, destruction and suffering.

Many people wonder: why, despite all the pain, criminals are not held accountable? Why is the process of extradition of war criminals inhibited, and international organizations, such as Interpol, do not provide proper support?

Tells about this and much more analyst Gunduz Mamedov, The candidate of legal sciences and Honored Lawyer of Ukraine, as well as numerous facts and numbers help to understand the complex system of international justice.

On the way to justice: legal and political barriers

Legal difficulties: incompatibility of norms

One of the main barriers to the extraction of criminals is the incompatibility of legislation. Imagine that you are trying to combine two incompatible elements – international treaties and national legislation, which often contradict each other. In Ukraine, many laws do not contain clear provisions for the quick and effective prosecution of war criminals accountable. This creates a situation where cases are delayed, and the trials become ineffective.

Political barriers: a game of strength and interests

The extradition process often turns into a political arena. Countries where the wanted persons can be located are forced to make decisions, guided not only by legal norms, but also with their own political interests. Many states fear a deterioration in relations with Russia and, therefore, do not want to cooperate with Ukraine in matters of extradition. As one of the experts said:

“Sometimes political considerations are more important than the law, and this is precisely what prevents the guilty of the guilty from justice,” Gunduz Mamedov emphasizes.

Limited international cooperation

Interpol is an important tool for international cooperation, but its capabilities are limited. He can only distribute “red notifications”, without authority for compulsory arrest or issuing wanted persons. This means that the actual issuance of criminals depends on the decisions of national governments, which, in turn, are often subject to political pressure.

Russian influence: political and economic lever

Russian influence is one of the most powerful barriers on the path to extradition of war criminals. In this story, the role of Russia is comparable to a heavy burden that falls on the shoulders of states that can support Ukraine.

• Political lever.

  The issue of extradition turns into a pressure tool: many states refuse to cooperate so as not to incur negative consequences from the Kremlin. This allows Russian criminals to remain unpunished.

• Economic pressure.

  Russia uses its economic resources to influence the decisions of other countries. This leads to the fact that even if there are legal grounds, the states refuse to fulfill the requests of Ukraine.

• Diplomatic considerations.

  In conditions of a tense international situation, many countries prefer to avoid conflicts than to risk a deterioration in relations with Russia.

• Legal maneuvers.

  The Russian authorities actively use legal loopholes and put pressure on international organizations, slowing down the extradition process.

As Gunduz Mamedov says:

“Russian influence turns the issue of extradition into a complex game, where the law often gives way to political interests,” he notes.

Penitentiary system: another barrier on the way to justice

And one more important problem is the conditions of detention in Ukrainian prisons.

“And another obstacle is our penitentiary system. The conditions of detention in Ukrainian prisons do not comply with international standards, and this has long been a problem in extradition matters. The European Court of Human Rights has repeatedly recognized systemic violations, in particular inappropriate conditions of detention ”, – reports the analyst.

This situation makes many states unsuitable for cooperation with Ukraine, as they are afraid that The issuance of suspects will lead to a violation of human rights. That is why many requests directed by the National Bureau of Interpol of Ukraine are left without attention.

The role of Interpol and its restrictions

Let’s figure out what interpol is and what is its capabilities. Interpol – an international organization uniting law enforcement agencies of 196 countries. Despite the official name “International Criminal Police Organization”, Interpol does not have the authority to independently arrest or make charges. He only distributes “red notifications” – requests for an international wanted list.

As practice shows, Interpol concentrates its attention on crimes that pose a threat to people on a global scale, such as terrorism and trafficking in people. But, when it comes to war crimes associated with aggression, Interpol adheres to neutrality policy and refuses to intervene in military affairs.

Ukraine is actively trying to hold war criminals accountable, but, according to data, with 2022 The National Bureau of Interpol of Ukraine received more than 70 requests Investigators for the placement of notifications of an international search for suspects in war crimes.

However, none of these requests was satisfied. The General Secretariat of Interpol refuses to consider such requests, referring to the ban on interfering in military affairs.

International cooperation and prospects

To overcome all these obstacles to Ukraine, active international cooperation is necessary. The country should:

• Improve national legislation, harmonizing it with international standards.
• To conclude bilateral agreements and activate participation in multilateral forums to accelerate the extradition process.
• To modernize the penitentiary system so that the conditions of detention in prisons meet international standards – this is repeatedly evidenced by the European Court of Human Rights.
• To develop a hybrid mechanism of justice, which will combine national and international approaches, ensuring the inevitability of punishment.

As noted by analysts Nanovo – Israeli newsthe exchange of experience and joint work with other countries where people of Ukrainian origin live is crucial for creating an effective system of international justice.

Conclusions and recommendations

From the analysis, it follows that:

• Legal and political barriers seriously inhibit the extradition process of war criminals.
• The limited powers of Interpol and its neutral position make international cooperation less effective.
• Russian influence through political, economic and diplomatic pressure is one of the key obstacles.
• The penitentiary system of Ukraine that does not meet international standards also significantly complicates the extradition process.

Recommended:

1. Reform legislationto eliminate the contradictions between national and international norms.
2. Intensify international cooperation through the conclusion of bilateral agreements and participation in multilateral initiatives.
3. Modernize the penitentiary system and bring the conditions of detention in prisons to international standards.
4. Create a hybrid mechanism of justice, capable of combining the best national and international practices to ensure the inevitability of punishment.

Conclusion

The problem of extradition of war criminals committed as a result of aggression of Putin Russia remains one of the most acute tasks of modern justice. Despite significant obstacles, the reform of legislation, active international cooperation and modernization of the penitentiary system can be the key to holding the perpetrators.

Ukraine needs to focus on building a trusting and effective architecture of justice, which can ensure justice for victims and punishment for criminals.

We, the team Nanovosti – Israeli Newscall for Ukrainian leaders, human rights activists and all interested people to actively work on solving these issues. The exchange of experience between Ukraine and the countries where people of Ukrainian origin live is the key to the creation of a fair system of international justice.