| Summary/Abstract |
Russia’s official position regarding the prosecution for violations of
International Humanitarian Law (IHL) in international criminal courts
changed during the 1990s and the 2000s. The article studies the reasons
for these changes by reviewing works of Russian experts. The performance
of the International Criminal Tribunal for the former Yugoslavia (ICTY) had
a negative impact on Russia’s position. Russian experts questioned the
impartiality of the ICTY and its effectiveness in preventing such crimes and
reconciling the parties.
Russia’s position has also changed with regard to the International Criminal
Court (ICC). In 2000, the Russian Federation signed the Rome Statute that
established the ICC, but withdrew its signature in November 2016. One
of the reasons for that decision was the participation of Russian troops
in armed conflicts outside of the Russian Federation and outside of UN
peacekeeping missions. Russian experts emphasize that IHL norms are
enforced primarily at the national level, which means that Russia can make
its own decisions regarding criminal prosecution for IHL violations.
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