Are all Russians responsible for the war in Ukraine? International law says no
An online debate over whether Russians bear collective responsibility for Russia's invasion of Ukraine collides with international law's core principle that only individuals, not entire nations, can be held criminally liable.
A recent episode of "The Breakfast Show" featuring sociologist Konstantin Gaaze sparked heated debate on social media after he claimed that living in an aggressor state's territory violates international law, and that Russian citizenship effectively makes a person an international criminal.
What international law actually says
That claim does not hold up under international humanitarian law. The Rome Statute of the International Criminal Court (ICC), the most comprehensive instrument governing these matters, states that civilians bear no criminal or other responsibility for a war launched by their state. The governing principle is individual culpability, which rules out collective punishment — particularly of civilians who neither planned the aggression nor committed crimes themselves.
Under Article 8 bis, responsibility for the "crime of aggression" applies only to a narrow circle of people who effectively control or direct a state's political or military actions. Article 25 further confirms that criminal responsibility under the ICC applies only to individuals. Notably, the ICC cannot prosecute any Russian specifically for the crime of aggression, since Russia never ratified the Rome Statute or its amendments, and Article 15 bis bars prosecuting nationals of non-signatory states for this particular crime.
Why the Putin case is different
The ICC arrest warrants for President Vladimir Putin and Children's Rights Commissioner Maria Lvova-Belova concern war crimes, not the crime of aggression, and fall under a separate article of the Rome Statute. Russia's non-ratification is irrelevant here because the alleged crimes occurred in Ukraine, which has accepted ICC jurisdiction. The warrants cite specific offenses, including unlawful deportation, unlawful confinement, and the transfer of populations to or from occupied territory.
Other Russians can still face charges
While no Russian can be tried by the ICC for the crime of aggression, the court can prosecute Russian citizens for other categories of crimes — war crimes, crimes against humanity, and genocide. This applies not only to top political decision-makers but also to lower-level perpetrators.
