International crimes have been alleged throughout the ongoing war in Ukraine with potential liability 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 ROC Patriarch Kirill, it discusses 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 International Criminal Tribunal from Rwanda 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.
Michelle Coleman (Mon,) studied this question.