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The Russian Orthodox Church and International Crimes: Exploring the Potential for Religious Leadership Liability for Crimes Committed in the War in Ukraine

Michelle Coleman Orcid Logo

Journal of Law, Religion and State

Swansea University Author: Michelle Coleman Orcid Logo

Abstract

International crimes have been alleged throughout the ongoing war in Ukraine, and potential liability has been focused on political and military leaders and low-level combatants. One group that has thus far been overlooked for potential involvement in international crimes are religious leaders. Ther...

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Published in: Journal of Law, Religion and State
Published:
URI: https://cronfa.swan.ac.uk/Record/cronfa70246
Abstract: International crimes have been alleged throughout the ongoing war in Ukraine, and potential liability has been focused on political and military leaders and low-level combatants. One group that has thus far been overlooked for potential involvement in international crimes are religious leaders. There is evidence that leaders of the Russian Orthodox Church (ROC), in particular, Patriarch Kirill, influence the Russian political and military leaders, the public, and believers. This influence could involve participation in international crimes. Not investigating or questioning this influence could allow impunity to be perpetuated.This article explores whether leaders of the ROC could be prosecuted for international crimes arising during the Russia-Ukraine War. Specifically focusing on Patriarch Kirill it will discuss whether a prosecution is likely. The article is not meant to set forward a complete case against Kirill, rather, it is an important starting point to open the discussion, based on publicly available evidence. After highlighting Kirill’s participation in the war, the article discusses the potential courts which could consider such a case. Then, the possible crimes including aggression, genocide, war crimes, and crimes against humanity, followed by the potential modes are liability are assessed. Finally, the Media Case from the ICTR is used as an analogous case to examine whether Kirill could be prosecuted as a propagandist. The article concludes that there is not currently enough evidence to raise a prosecution, however if more evidence was discovered or Kirill’s actions and statements became more extreme, a prosecution could be possible
Keywords: Russian Orthodox Church, ROC, Kirill, crimes against humanity, war crimes, aggression, genocide, international criminal law, International Criminal Court
College: Faculty of Humanities and Social Sciences