Russia's Siege of Mariupol: Starvation Tactics Under Scrutiny at the ICC

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In a significant legal development, Russia is facing accusations of utilizing deliberate starvation tactics during the 85-day siege of Mariupol in early 2022. This brutal strategy, aimed at causing widespread civilian harm, is being examined as a potential war crime by the International Criminal Court (ICC) in The Hague.

 

The siege of Mariupol, a key port city in southeastern Ukraine, marked one of the most harrowing episodes at the outset of Russia's invasion. Approximately 22,000 civilians are believed to have perished during this period, as they were left without essential services such as water, gas, and electricity. The temperatures during the siege plummeted to below minus 10°C, exacerbating the suffering of the city's residents.

 

The ICC submission, prepared by Global Rights Compliance in collaboration with the Ukrainian government, argues that Russia, under the leadership of President Vladimir Putin, engaged in a calculated strategy to inflict mass civilian casualties by denying access to food and other vital services. Catriona Murdoch, a partner at Global Rights Compliance, highlighted the systematic nature of this strategy, describing it as a four-phase assault.

 

In the first phase, Russian forces targeted and disabled the city's electricity, heating, and water supplies, effectively crippling its infrastructure. The second phase involved blocking humanitarian aid, with Russian forces denying and even attacking evacuation efforts, ensuring that aid could not reach the besieged population. The third phase saw continued assaults on remaining critical infrastructure, with deliberate bombings of aid and water distribution points to terrorize civilians further. The final phase involved strategic attacks aimed at destroying or capturing any remaining infrastructure, completing the encirclement and subjugation of the city.

 

The extensive destruction in Mariupol, where an estimated 90% of healthcare facilities and homes were either destroyed or damaged, underscores the severity of the situation. Food distribution points and humanitarian evacuation routes were bombed, exacerbating the already dire humanitarian crisis. The dossier concludes that responsibility for these actions lies at the highest levels of Russian leadership, implicating President Putin and senior military officials, although specific commanders were not named.

 

Starvation and the denial of essential services are recognized as war crimes, but this area of international law remains relatively new and untested in court. To date, no alleged perpetrator has been prosecuted for such crimes. However, recent actions by ICC Chief Prosecutor Karim Khan indicate a growing legal focus on this issue. Khan recently applied for arrest warrants against Israeli officials for alleged starvation tactics in Gaza, marking the first time the ICC has pursued such charges. This precedent may influence the ICC's approach to the Mariupol case.

 

Murdoch emphasized that these recent applications have brought greater attention to starvation as a prosecutable war crime and may shape the ICC's consideration of the Mariupol dossier. Collecting evidence for this case presented significant challenges due to the ongoing Russian occupation and extensive destruction in the city. However, the lawyers employed innovative methods, including a specially designed algorithm to map destruction using satellite imagery. This technology helped correlate specific locations and their destruction with what explosives experts identified as Russian attacks.

 

The submission of this dossier to the ICC represents a significant step in holding those responsible for the siege of Mariupol accountable. If the court acts on this submission, it could mark a pivotal moment in the prosecution of war crimes related to starvation and the deliberate denial of essential services. Murdoch stated, "What we could see is that there were four phases to the Russian assault, starting with attacks on civilian infrastructure, cutting out the supply of electricity, heating, and water. Then humanitarian evacuations were denied and even attacked, while aid was prevented from getting through. In the third phase, the remaining critical infrastructure was targeted, civilians terrorized with aid and water points bombed. Finally, in phase four, Russia engaged in strategic attacks to destroy or capture any remaining infrastructure items."

 

The dossier concludes that the phased targeting of Mariupol demonstrated a lack of mercy for its civilian population, which was estimated at 450,000 before the full invasion began on February 24, 2022. Murdoch asserted that "Vladimir Putin is culpable," along with the "echelons of the Russian military leadership."

 

The ICC accepts third-party submissions, though it does not necessarily act on them. Starvation and the denial of amenities necessary for civilian life are considered war crimes, but prosecutions in this area are unprecedented. Last month, ICC Chief Prosecutor Karim Khan applied for an arrest warrant for Israel’s Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, arguing that they had deliberately inflicted starvation on Palestinians in Gaza—a claim rejected by Israel. Khan asserted, "Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival." Three Hamas leaders were also subject to similar applications, relating to the conflict that began with the group's attack on Israel on October 7.

 

Murdoch explained that Khan’s applications for arrest warrants related to starvation as a war crime were the first of their kind and had brought the issue to the forefront of legal minds. "What it showed is where the ICC’s thinking is," she said.

 

Initially, gathering evidence for a war crimes dossier on Mariupol seemed daunting due to the Russian occupation and intense fighting. However, Global Rights Compliance developed a technique that used a specially created algorithm to map the destruction of specific locations, as monitored by satellite imagery, with what explosives experts assessed as Russian attacks.

 

As the ICC reviews this submission, the international community awaits its response. The outcome could set a significant precedent for future prosecutions of war crimes related to starvation and the deliberate denial of essential services.

 

Credit: The Guardian 2024-06-14

 

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Been happening since Day 1, but the ICC is just now investigating