FBI, HSI Investigation Leads to Historic War Crimes Indictment
Four Soldiers Allegedly Abducted, Tortured, and Abused U.S. Citizen in Ukraine
FBI Director Christopher Wray (at podium) speaks at a December 6, 2023, press conference alongside other federal officials including Attorney General Merrick B. Garland (at Wray's immediate left) and Secretary of Homeland Security Alejandro Mayorkas. The press conference was held in Washington, D.C.
The U.S. government on December 6 announced that it has brought its first-ever charges under the War Crimes Act of 1996 against four Russian-affiliated soldiers who allegedly violated the human rights of an American residing in Ukraine amid Russia’s full-scale invasion of the country.
The soldiers—Suren Seiranovich Mkrtchyan, Dmitry Budnik, and two additional defendants known only by their first names (Valerii and Nazar)—stand accused of unlawfully confining, torturing, and otherwise abusing an American who was living in Ukraine.
The indictment asserts that Mkrtchyan and Budnik were officers of the Russian Armed Forces and/or the so-called Donetsk People’s Republic, that they outranked the other two defendants, and that all four men were allegedly fighting on Russia’s behalf when the atrocities occurred.
"In April 2022, Mkrtchyan and soldiers under his command allegedly abducted the victim, a U.S. citizen, from his home in the village of Mylove in the Kherson region of Ukraine and illegally confined him for at least 10 days," a DOJ release about the indictment states. "During the abduction, Mkrtchyan, Valerii, and Nazar allegedly threw the victim face down to the ground while he was naked, tied his hands behind his back, pointed a gun at his head, and severely beat him, including with the stocks of their guns."
This map shows the location of the Kherson region of Ukraine.
Following the violent abduction, the release explained, the defendants allegedly moved him to
"an improvised military compound" that was being used by the Russian military and its affiliates. During his captivity, the victim was allegedly subjected to two torture-filled interrogations, beaten, held at gunpoint, threatened with death, and subjected to a mock execution, the release stated. He allegedly suffered these abuses at the hands of the defendants as well as other individuals, it noted.
In addition to being charged with conspiracy to commit war crimes, the defendants have been charged with the following war crimes, in particular:
- Unlawful confinement
- Torture
- Inhuman treatment
All four men may face life in prison if convicted, the release states.
"Since the start of their unprovoked invasion of Ukraine, Russia has weaponized human rights abuses to wreak unimaginable tragedy," Wray said of the announcement. "Today’s indictment—the first ever under the U.S. war crimes statute—makes clear that the FBI will work with the full cooperation of international law enforcement to bring justice to the victims of these atrocities. The human toll of the conflict in Ukraine weighs heavily on the hearts of the FBI and, we’re resolved to hold war criminals accountable no matter where they are or how long it takes."
The FBI’s Washington Field Office and Homeland Security Investigations—the investigative arm of the Department of Homeland Security—investigated this case in conjunction with the Bureau’s International Human Rights Unit, Victim Services Division, and our international offices in Kyiv, Ukraine; Warsaw, Poland; and Moscow.
The Human Rights Violators and War Crimes Center at the Department of Homeland Security’s Immigration and Customs Enforcement; DOJ’s Human Rights and Special Prosecution Section and War Crimes Accountability Team; and the U.S. Attorney’s Office for the Eastern District of Virginia also supported the investigation.
- Genocide (18 USC 1091)
- Torture (18 USC 2340-2340A)
- War Crimes (18 USC 2441)
- Use or Recruitment of Child Soldiers (18 USC 2442)
The January 2023 passage of the Victims of War Crimes Act enhanced this jurisdiction by allowing the U.S. government to investigate and prosecute foreigners who it suspects may have committed war crimes overseas—regardless of the citizenship of the victim(s)—so long as the suspected war criminal is located on U.S. soil.
"... As you can see from today’s announcement, we will work relentlessly to bring criminals to justice—no matter how long or how far our work may take us," Wray said at the press conference.
Wray also encouraged people who may have information concerning the defendants or human rights violations to contact the Bureau by calling their local FBI field office or visiting tips.fbi.gov.
If a person with information is located outside of the United States and can safely make their way to the nearest U.S. embassy, they can provide a tip in-person, Andish added.
“... As you can see from today’s announcement, we will work relentlessly to bring criminals to justice—no matter how long or how far our work may take us. ”
FBI Director Christopher Wray
