Biden Calls the Killing of Ukrainians by Russian Forces a Genocide

Following the discovery of mass killings of Ukrainian civilians in the surrounding areas of Kyiv earlier this month. US President Joe Biden has called the Russian attacks a ‘genocide’ against the Ukrainian people. The bodies of hundreds of civilians were reportedly found in the region following the withdrawal of Russia from Kyiv. But experts are divided. They argue on whether it should be considered a genocide or not, and whether this matters for international law.

"I called it genocide because it's become clearer and clearer that, (Russian President Vladimir) Putin is just trying to wipe out even the idea of being Ukrainian.”

The evidence is mounting," Biden explained to reporters after using the term earlier in his speech in Iowa. “We’ll let the lawyers decide internationally, whether or not it qualifies, [as genocide], but it sure seems that way to me.”

The bodies of 410 civilians were removed from the region surrounding Kyiv, according to Ukraine’s Prosecutor General Iryna Venedyktova. This includes Bucha, Hostomel, Irpin, and smaller villages.

Stories have emerged of civilians being killed intentionally and directly, and without provocation. In satellite photos shared by the New York Times; bodies are shown strewn across Bucha's streets and yards prior to Russia’s retreat from the area.

United States officials have shared satellite images of what appear to be mass graves near the besieged city of Mariupol. Consequently, accusations that Russia has been trying to bury bodies to hide evidence of war crimes have surfaced.

“We know of thousands of people killed and tortured, with severed limbs, raped women, and murdered children,” said Ukrainian President Volodymyr Zelensky.

Is it Genocide or not?

According to Vox writer and analyst Zack Beauchamp. Biden’s statement is the most high-profile evaluation of the situation as a genocide. Although some war crime experts hold that the actions of the Russian army meet the conditions of genocide. Most experts are reluctant to make that call before more evidence of intent comes to light.

In international law, a genocide is defined as killing or otherwise harming a group with the intent of destroying a national, ethnic, racial, or religious group.

There are some reasons in favor of calling it a genocide. Putin has partly justified Russia’s invasion of Ukraine by claiming to want to ‘denazify’ Ukraine. The aim is to undergo a ‘re-education of Ukrainians’. His earlier claims indicate that he does not see Ukraine as a legitimate nation. He is adding weight to the idea that the intent is to destroy the Ukrainian people.

Hidden Genocide

That Ukrainian civilians were killed in large numbers on multiple fronts in the regions surrounding Kyiv. This is possible further support to the claim of genocide. This is according to Johns Hopkins University political scientist, Eugene Finkel who says that:

“..in each of those places, it could be written off as undisciplined Russian soldiers … but together, it clearly indicates that they were looking specifically for Ukrainians [to kill].”

But it is unclear whether the actions of the Russian army are systematic enough for it be a genocide. Nor is there yet enough evidence that the Russian soldiers were intentionally acting with Putin’s justifications in mind.

Experts suggest that time, and further evidence, such as interviews with Russian soldiers, might give the claims of genocide a stronger footing in terms of international law. Yet it is also possible that this evidence might not be uncovered or agreed upon. According to Kate Cronin-Furman, a professor who studies war crimes at University College London, states are more likely to conceal more explicit genocidal intentions.

War Crimes and International Law

But the significance of calling Russian actions a genocide will have little consequences for international law. Even if it is not officially defined as a genocide, there is much more expert consensus supporting the claims that war crimes have been committed. The invasion itself goes against international law which protects the independence of each state, and there is substantial evidence of unlawful indiscriminate killings of Ukrainian civilians.

A further problem is whether the International Criminal Court (ICC) is effective as an institution. It cannot act without a referral from the UN Security Council, where Russia has the power to veto a collective vote.

The Power of ‘Genocide’ Claims to Turn the Tide in International Sanctions

None the less, evidence and accusations of war crimes and genocide can count in Ukraine’s favour even if international law fails. It might motivate stronger sanctions against Russia. Germany’s history has resulted in it staunchly rejecting discrimination and genocide in its post-WW2 national narrative. Given its dependence on Russia for its oil and fuel, it has been reluctant to impose stronger sanctions on Russia. But if evidence of genocide and war crimes mount, Germany may be pressured to commit to more serious sanctions against Russia.

Russia’s new offensive in the East of Ukraine following its failure to takeover Kyiv has already resulted in several civilian deaths. Ukrainian authorities have urged civilians to leave the area to avoid harm. But last week Russia was accused of bombing a train station in Kramatorsk where civilians were awaiting evacuation.

Whether genocide or not. Evidence of war crimes is mounting and there is continued pressure on the international community to respond appropriately.