Joe Biden’s national security adviser, Jake Sullivan, appeared on television on Sunday to denounce “the systematic targeting of civilians by Russia, the horrific killing of innocent people, the brutality and the corruption in Ukraine.” He said the recent atrocities were “absolutely war crimes”. But speaking to CNN’s State of the Union, he declined to categorize the horrors of Russia’s war as “genocide.” Asked if the recent attacks could be described as anything other than genocide, Sullivan replied: “The label is less important than the fact that these acts are cruel and criminal, wrong and bad and must be dealt with decisively.” Sullivan explained his reluctance to use the term “genocide” in an interview with ABC’s This Week. He said the State Department would gather evidence through its special unit and in time conduct a legal analysis in accordance with the definition of genocide in accordance with international law. “We have not reached a determination on the genocide,” he said. “This is a determination we are working on systematically.” Discussions about how to frame Russia’s attacks on civilians – and with it how to proceed with any future international persecution of Vladimir Putin and other top Russians – have intensified since the rocket attack on the Kram railway station. At least 50 people, including five children, were killed. Genocide was first codified in international law in 1948 through the Convention on the Prevention and Punishment of the Crime of Genocide approved by the United Nations General Assembly. According to the UN definition, genocide includes the killing and otherwise the provocation of destruction “in whole or in part” to a “national, ethnic, racial or religious group”. The need to prove a conscious attack on an entire group of people puts the legal burden very high. Instead, “war crimes” are defined under international law as a series of specific acts that are more easily prosecuted, including “deliberate murder,” torture or inhuman treatment, destruction of property, and violation of the rights of prisoners of war. Investigations are underway to gather information on possible war crimes related to the brutal Russian campaign. They include efforts in the Ukrainian city of Bucha where mass graves were found after the withdrawal of Russian troops. In the aftermath of the Bhutanese atrocities, Ukrainian President Volodymyr Zelensky accused Russia of genocide. However, Biden misled the term, embracing another very complex legal concept under international law, personally accusing Putin of being a “war criminal.” In Congress, politicians from both major parties were eager to embrace the idea that genocide was unfolding in Ukraine. Senate Majority Leader Chuck Sumer said last week: “When we kill innocent people because of what they are, whether it is religion, race or nationality, it is genocide. “And Mr. Putin is to blame for that.” On Sunday, Liz Cheney, a Republican member of Congress from Wyoming, also sparked genocide. “This is clearly genocide,” he told CNN, adding that Europe needed to understand that it was financing Putin’s “genocidal campaign” by buying Russian oil and gas.
