The International Criminal Court headquarters in  The Hague, Netherlands

By Gary  Raynaldo

The International Criminal Court (ICC) is opening an investigation into possible war crimes committed by Russia amid its invasion of Ukraine.  The Hague, Netherlands-based war tribunal said there is a “reasonable basis ”  to believe that both alleged war crimes and crimes against humanity have been committed .  Ukrainian officials reported this week that dozens of civilians were killed and hundreds more wounded when Russian forces began firing at civilian areas in Kharkiv, Ukraine’s second-largest city.  Ukraine’s President Volodymyr Zelenskyy accused Russian invaders of committing crimes, and the country’s health ministry reported that more than 350 civilians were killed, including 14 children, since the attacks began last week.

“I wish to announce that I have decided to proceed with opening an investigation into the Situation in Ukraine, as rapidly as possible. I have reviewed the Office’s conclusions arising from the preliminary examination of the Situation in Ukraine, and have confirmed that there is a reasonable basis to proceed with opening an investigation. In particular, I am satisfied that there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have been committed in Ukraine in relation to the events already assessed during the preliminary examination by the Office. Given the expansion of the conflict in recent days, it is my intention that this investigation will also encompass any new alleged crimes falling within the jurisdiction of my Office that are committed by any party to the conflict on any part of the territory of Ukraine.”

-Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine

International Criminal Court Prosecutor, Karim A.A. Khan QC. (Credit: icc-cpi.int)

Ukraine is not a State Party to the Rome Statute of the International Criminal Court, “so cannot itself refer the situation to my Office”,   the  ICC Prosecutor said. “But it has twice exercised its prerogatives to legally accept the Court’s jurisdiction over alleged crimes under the Rome Statute occurring on its territory, should the Court choose to exercise it.” The next step is to proceed with the process of seeking and obtaining authorisation from the Pre-Trial Chamber of the Court to open an investigation , Khan said.

“I will continue to closely follow developments on the ground in Ukraine, and again call for restraint and strict adherence to the applicable rules of international humanitarian law.”

-International Criminal Court Prosecutor, Karim A.A. Khan