Comments by "MarcosElMalo2" (@MarcosElMalo2) on "How is the war going? — Mid-December 2022" video.

  1. We are talking about two things: criminals being tried and criminals being punished. The ICC can try accused criminals in abstentia, but of course it cannot force extradition of convicted criminals to face justice and punishment. As far as a top level leaders being tried, convicted, and punished for war crimes, this can happen when total victory is achieved, in the sense that a country would be occupied and surrender unconditionally. This also might happen if there is a change in leadership and it is desirable or convenient to the new leadership to give up the old leadership. But even in the case of a country losing or being forced to cease its war activities, there is no formal mechanism to force a war criminal to face justice. I am thinking of U.S. National Security Advisor Dr. Henry Kissinger in this case, who ordered specific operations in Cambodia that were almost certainly war crimes. It’s notable that the U.S. did in fact prosecute and convict a low level officer for the My Lai atrocity. Unsurprisingly, the officer’s superiors were never charged despite evidence that they were also culpable. It seems like a symbolic gesture (although I’m sure it wasn’t symbolic to the officer in question, Lt. William Calley.) The international community was never in a position to force war crimes trials on the U.S. And given that this was during the Cold War and the U.S. was the main supporter of NATO, it wasn’t politically possible. It is entirely possible that Russia will sacrifice some lower level officers and soldiers in a peace deal, but I think it’s unlikely Putin or any high level Russian leaders will ever be convicted and punished, regardless of moral correctness. And I’m sorry to say that Putin has a letter-of-the-law defense for the bombing of civilian infrastructure, despite our opinion. It’s probably a moot point anyway.
    4