Bombing Ukraine homes should be considered a war crime, say Canadian experts

Bree Akesson empathizes with Ukranian families who have fled their homes during the Russian invasion that began three weeks ago.

Akesson is an associate professor in the faculty of social work and social justice and community engagement (SJCE) graduate program at Wilfrid Laurier University in Waterloo, Ont. She has met with refugees displaced by other wars, forced to flee with only the clothes on their back and a few personal items.

"It's a huge loss that can cause significant distress when people are leaving. And we're watching people cross the border, and they're leaving their husbands, fathers, brothers, sons behind," said Akesson of the conflict in Ukraine.

She hopes the international community will respond to the Russian forces that destroyed residential neighbourhoods by recognizing the human cost of losing a family home to war.  

"Russia's destruction of homes and the specific targeting of homes of civilians in Ukraine is very much against international humanitarian law, and we are arguing that it should be a war crime," said Akesson.  

On Tuesday the UN human rights office said it had confirmed 406 civilian deaths, with 801 people injured since Russia invaded Ukraine on Feb. 24. The agency noted the toll is likely much higher. Thus far, at least two million people have been displaced.

Going to war with an army, not civilians

Michel Drapeau, a lawyer practiisng military law in Ottawa, agrees the attacks on towns, villages and dwellings in Ukraine could be considered as a war crime.

"One of the basic principles is if you go to war, you're going to war with the army against someone else's army, not against a civilian population," said Drapeau, also an adjunct professor at the University of Ottawa.

All the conversations I have with people, displaced by war and who are finding themselves in a different country or in a different setting … talk about home and how important home is and how much they miss home.- Bree Akesson, Wilfrid Laurier University 

"You have to take means and precaution to ensure that if you're going to be destroying a military objective or target of some sort, that you are careful not to inflict unnecessary damage, pain or loss of life to the civilian population." 

Reports indicate Russian-led forces have harmed civilians and struck civilian buildings, including schools and hospitals. NATO officials have accused Russia of using cluster munition in their attacks on Ukraine — bombs that can kill indiscriminately and are banned under international law.

Russia has repeatedly denied the allegations.

The powerful connection to home

In Akesson's previous research, she spoke to Syrian refugees forced to leave their home country for Lebanon because of the conflict in their country. 

"All the conversations I have with people, displaced by war and who are finding themselves in a different country or in a different setting … talk about home and how important home is and how much they miss home," said Akesson. 

"And actually, some families are just waiting there, just waiting in limbo, waiting to return home."

She is paying close attention to the stories of Ukrainian refugees leaving their country. Their plight resonates with people she has spoken to in past research.

"Oftentimes the decision to leave is because of the safety of children, which is the catalyst, and then the people who remain in their homes and kind of stay to defend are older people," said Akesson.

"So we'll see lots of older people staying, and then they're at the mercy of Russian forces who are bombarding homes and apartment buildings in cities and towns.

Drapeau said while evidence of destruction is being provided daily through reporting at the scene, a war crimes tribunal could take years to bring people to justice.

"I think it's important that all Canadians and well-meaning citizens, the world over, be aware of what's taking place and keep that in mind, as the events unfold. Ultimately there will be a day of reckoning at the international level."

The International Criminal Court (ICC) has committed to investigate possible war crimes in Ukraine, but experts say it's unclear whether the move could sway Russian President Vladimir Putin to de-escalate his government's invasion of the country.

Russia and Ukraine are not signatories of the Rome Statute, the treaty that established the ICC, so investigating crimes of aggression are outside the court's jurisdiction.

However, in a statement on Feb. 28, prosecutor Karim A.A. Khan said the ICC would proceed with an investigation, adding "there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have been committed in Ukraine."