The French president’s statements provoked an angry response from Kyiv, especially his apparent argument that the term “genocide” does not apply because Ukrainians and Russians were “brotherly people.” Ukrainian Foreign Ministry spokesman Olekh Nikolenko described Macron’s statements as disappointing. “The ‘brothers’ do not kill children, do not shoot civilians, do not rape women, do not mutilate the elderly and do not destroy the homes of other ‘brothers’ people. “Even the fiercest enemies do not commit atrocities against defenseless people,” Nikolenko said. Biden accused Moscow of committing genocide late Tuesday, saying “Putin is just trying to eliminate the idea of even being Ukrainian.” “And the evidence is growing,” he said. “More evidence comes from the horrific things the Russians have done in Ukraine. And we will only learn more and more about disaster. “We will let the lawyers decide internationally whether he meets the conditions or not, but it certainly seems so to me.” The US ambassador to the Organization for Security and Co-operation in Europe (OSCE), Michael Carpenter, made it clear on Wednesday that the president’s comments did not represent a formal US legal position. Carpenter said Biden had made “clear moral determination,” but added that a legal review was under way and that “it will take some time to complete.” Asked to comment on Biden’s accusation of genocide, Macron said it was clear the Russian military had committed war crimes, but added: “I am prudent on the terms today. “Genocide makes sense. “The Ukrainian people and the Russian people are brothers.” “It’s crazy what is happening today. It is unbelievable barbarism and a return to war in Europe. But at the same time I am looking at the facts and I want to keep trying my best to be able to stop the war and restore peace. “I’m not sure if the escalation of the words serves our purpose.” Another US ally, Australian Prime Minister Scott Morrison, also stopped using the term “genocide” on Wednesday, although he said Putin should be “held accountable” for war crimes and atrocities in Ukraine. Biden has been consistently outspoken in denouncing the mass murder of Ukrainian civilians by Russia, calling Putin a “war criminal” in mid-March. Numerous investigations are underway into Russian atrocities in Ukraine, including the leveling of Mariupol and the execution of civilians in the Bucha suburb of Kiev. International Criminal Court (ICC) Attorney General Karim Khan visited Bucha on Wednesday, saying “Ukraine is a crime scene”, adding that “there is good reason to believe that crimes are being committed within the jurisdiction of the tribunal”. The three categories of crimes under the jurisdiction of the ICC in Ukraine are war crimes, crimes against humanity and genocide. A fourth crime, conducting an aggressive war, has been ruled out by Khan under the rules of the ICC, as neither Ukraine nor Russia are state parties in court. The Ukrainian government and some international lawyers have called for a special tribunal to try Putin and his regime for the crime of aggression. Proof of a case under the 1948 Genocide Convention requires an ‘intention [by the accused] to destroy, in whole or in part, a national, ethnic, racial or religious group “. Biden first used the word incidentally on Tuesday at an Iowa home policy rally on the use of ethanol in gasoline. “Your family budget, your ability to fill your tank, none of this should depend on whether a dictator declares war and commits genocide half a world away,” he said. Asked later if he intended to apply the condition to Russian actions in Ukraine, Biden told reporters: “Yes, I called it genocide because it is becoming increasingly clear that Putin is simply trying to eliminate the idea of still being Ukrainian.” His comments were quickly accepted by Ukrainian President Volodymyr Zelenskiy, who applauded what he called the “true words of a true leader.” “To say things by name is necessary to resist evil,” Zelensky wrote on Twitter. “We are grateful for the US assistance provided so far and we urgently need more heavy weapons to prevent further Russian atrocities.” Prior to the invasion, Putin described Ukraine’s separate existence as illegal, arguing that Russians and Ukrainians were one people. In addition to the brutal killing of civilians, Russia has been accused of forcibly transporting Ukrainian prisoners of war to Russia, including large numbers of children, and has changed the rules to make it easier for Russian families to adopt. Defining the line between crimes against humanity and genocide has sometimes proved difficult and divisive. The International Criminal Tribunal for the former Yugoslavia (ICTY) has ruled that the massacre of Bosnian Muslims in Srebrenica was genocide but not the mass killings by Serb forces in other municipalities, a discrimination that angered the population of other parts of the country.
