To demonstrate that genocide has occurred, lawyers must show the existence of a group protected under the Genocide Convention, genocidal acts and an intent to destroy at least part of the group in question.
The first two elements are clearly present in Ukraine, Stanton said, citing the weeks-long Russian siege of Mariupol and the forcible deportation of children to Russia as examples of acts of genocide.
Intent is much harder to prove. One way to do so is to obtain evidence of orders up the chain of command, Hamilton said, but “in most cases, you don’t have a smoking gun.”
Genocidal statements in Kremlin-affiliated media — as well as some recent accounts from Ukrainian rape survivors — could help bolster a prosecutor’s case, though.
Putin has rejected the idea of Ukrainian nationhood. And in recent weeks, Russian officials and media personalities suggested that Russia should “reeducate” Ukrainians and falsely described all Ukrainians as Nazis who must be fought.
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