Ukraine’s first war crimes trial since the Russian invasion: Russian soldier sentenced to life in prison

24-05-2022

Myrthe Niemeijer

International Justice and Human Rights Researcher

Global Human Rights Defence 

On Monday, a Ukrainian court found a Russian soldier guilty of war crimes and he received a life sentence. This is Ukraine’s first war crimes trial since the start of the Russian invasion, but certainly not the last. Around 13,000 investigations into possible war crimes are ongoing.

The defendant, 21-year-old sergeant Vadim Shishimarin, had pleaded guilty to killing a 62-year-old unarmed Ukrainian civilian in the Sumy region. Although Shishimarin argued he was merely following orders to shoot the man since he was using a cellphone, the judges found that he committed premeditated murder. 

The trial took place in a civilian court rather than a military court, the practice of which Ukraine abolished in 2010. Trials in a civilian court during ongoing hostilities are highly unusual, and questions have arisen regarding the appropriateness of these trials. [1] In practice, however, the trials were possible owing to Ukraine’s national criminal code, which includes rules on conduct during war, and the absence of prohibitions in international law of such war crime trials.   

Notes:

[1] A critical piece is available here: https://theconversation.com/war-crimes-trial-of-russian-soldier-was-perfectly-legal-but-that-doesnt-make-it-wise-183586 

Sources and further reading: 

Goldman, R. (2022, May 23). War crimes trial of Russian soldier was perfectly legal - but that doesn’t make it wise. https://theconversation.com/war-crimes-trial-of-russian-soldier-was-perfectly-legal-but-that-doesnt-make-it-wise-183586 

Pietsch, B., Timsit, A., Birnbaum, M., & Westfall, S. (2022, May 23). Russian Soldier gets life in prison on Ukraine’s initial war crimes trial. The Washington Post. https://www.washingtonpost.com/world/2022/05/23/ukraine-russia-soldier-war-crimes-verdict/ 

Rainsford, S. (2022, May 19). Russian soldier pleads guilty in first war crimes trial of Ukraine conflict. BBC. https://www.bbc.com/news/world-europe-61496428