U.S. files its first war-crimes charges related to Russia-Ukraine war

The four people charged — Suren Seiranovich Mkrtchyan, 45, Dmitry Budnik, and two others whose full names are not yet known — allegedly interrogated, tortured and threatened to kill the victim, even holding a mock execution. The alleged torment occurred over the course of 10 days in April 2022. All four men remain at large, and the chances of them being captured or turned over to U.S. authorities are low.

The nation’s top law enforcement officials — including Attorney General Merrick Garland, FBI Director Christopher Wray and Homeland Security Secretary Alejandro Mayorkas — announced the charges Wednesday morning at Justice Department headquarters, describing the men as Russian soldiers and accusing them of heinous crimes.

“The Justice Department — and the American people — have a long memory,” Garland said. “We will not forget the atrocities in Ukraine. And we will never stop working to bring those responsible to justice.”

The indictment says that Mkrtchyan and Budnik were commanding officers of military units of the Russian Armed Forces and/or the so-called Donetsk People’s Republic. The two others, known only by their first names, Valerii and Nazar, were lower-ranking military personnel. They were reportedly fighting on behalf of Russia when they allegedly tortured the American.

Garland said the victim was not fighting in the conflict and, under international law, was considered a “protected person.” Kidnapping and torturing a protected person would constitute a war crime. The indictment portrays chilling abuse allegations in which the four men repeatedly beat the victim and made him think he was about to be killed — at one point even asking for his last words.

The men pointed a gun to the back of his head then moved the weapon slightly, shooting a bullet just past the victim’s head, the indictment alleges. They are accused of photographing him naked and threatening to sexually assault him.

The prosecution grows out of an evidence-sharing agreement struck last year between the U.S. Justice Department and its Ukrainian counterparts.

Since forming the War Crimes Accountability Team, the Justice Department has been gathering evidence for cases that could be brought in U.S. courts — particularly any crimes committed against Americans.

A war crimes statute that Congress passed in the mid-1990s gives the Justice Department authority to charge people who are alleged to have committed war crimes against Americans abroad. Garland said this is the first time the Justice Department has charged people under this statute. He added that he expects federal prosecutors to file more charges against alleged war criminals, though he did not provide details.

Garland has pledged to be “relentless” in helping Ukraine hunt down war criminals associated with the Russian invasion.

The conflict, now almost two years old, has become a flashpoint on Capitol Hill, with Republicans demanding politically fraught changes to asylum and other immigration policies in exchange for Ukraine funding.

A counteroffensive by Ukraine that began last summer, with strong backing from the United States, has failed to deliver its expected punch. Ukraine’s struggles have prompted friction and second-guessing between Washington and Kyiv and called in question Ukraine’s ability to retake decisive amounts of territory occupied by Russia.