The International Criminal Court (ICC) has issued arrest warrants for Russia's former Defence Minister Sergei Shoigu and its Chief of the General Staff Valery Gerasimov, accusing them of war crimes and crimes against humanity for targeting civilian infrastructure in Ukraine.
The court on Tuesday charged Shoigu and Gerasimov with directing missile strikes against Ukrainian electric infrastructure between October 10, 2022, and March 9, 2023, which led to significant civilian suffering.
"During this time-frame, a large number of strikes against numerous electric power plants and sub-stations were carried out by the Russian armed forces in multiple locations in Ukraine," the ICC stated.
The court's Pre-Trial Chamber II, comprising Judges Rosario Salvatore Aitala, Sergio Gerardo Ugalde Godínez, and Haykel Ben Mahfoudh, found reasonable grounds to believe that Shoigu and Gerasimov bore individual criminal responsibility. The warrants allege that the men ordered the strikes and failed to control their forces, resulting in excessive civilian harm.
"Pre-Trial Chamber II also determined that the alleged campaign of strikes constitutes a course of conduct involving the multiple commission of acts against a civilian population, carried out pursuant to a State policy... Therefore, there are reasonable grounds to believe that the suspects intentionally caused great suffering or serious injury to body or to mental or physical health, thus bearing criminal responsibility for the crime against humanity of other inhumane acts, as defined in article 7(1)(k) of the Rome Statute.".
The ICC's decision follows applications by the prosecution, which argued that the strikes were against civilian objects and caused disproportionate harm relative to any anticipated military advantage. The Chamber emphasized the protection of civilians under international humanitarian law and the principle of distinction, which prohibits attacks on civilian targets.
There is no immediate prospect of either suspect being detained, as Russia is not a member of the ICC, does not recognize its jurisdiction, and refuses to hand over suspects. Last year, the court issued a similar warrant for Russian President Vladimir Putin, holding him personally responsible for the abductions of children from Ukraine.
Putin replaced Shoigu as defence minister in May during a cabinet reshuffle and appointed him as Secretary of Russia's Security Council.
The content of the warrants remains classified to protect witnesses and ongoing investigations. However, the ICC has publicly disclosed the existence of the warrants to raise awareness and potentially prevent further crimes.
