Ukraine is making an effort to prosecute war crimes, but lacks a strategy for building cases against senior Russian leaders
. A video clip that surfaced in mid-April appeared to show Russian soldiers beheading living Ukrainian prisoners of war.
Serhiy Khamaiko, the regional prosecutor who tried Mr Marusik’s case, says he picked it for a simple reason: he had the evidence. Ukrainian security services had mobile-phone data that placed Mr Kuznetsov, then 20, at the kiosk. Mr Marusik picked Mr Kuznetsov out of a photo lineup, having seen his face when not blindfolded, and recognised his voice on intercepted phone calls.
Some problems are rooted in law. Ukraine’s criminal code lacks the concept of command responsibility, which is used to charge senior commanders with war crimes even if they did not explicitly order each one. Also, Ukrainian prosecutors have little discretion: they are required to launch an investigation within 24 hours after being notified of a crime. That leads to a proliferation of minor cases.
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