International Criminal Court

The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the international gravest crimes of crimes of concern to the international community: genocide, crimes against humanity, war crimes, and the crime of aggression. It is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. The ICC lacks universal territorial jurisdiction, and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to the Court by the United Nations Security Council. The ICC began operations on 1 July 2002, upon the entry into force of the Rome Statute, a multilateral treaty that serves as the Court's foundational and governing document. States, which become party to the Rome Statute become members of the ICC, serving on the Assembly of States Parties, which administers the Court. As of December 2020, there are 123 ICC member states.

Website www.icc-cpi.int


Ukraine vs. Russia

On 17 April 2014, the Government of Ukraine lodged a declaration under article 12(3) of the Statute accepting the jurisdiction of the Court over alleged crimes committed on its territory from 21 November 2013 to 22 February 2014. 
On 25 April 2014, in accordance with the Office’s Policy Paper on Preliminary Examinations, the Prosecutor of the ICC opened a preliminary examination of the situation in Ukraine relating to the so-called “Maidan events.”
On 8 September 2015, the Government of Ukraine lodged a second declaration under article 12(3) of the Statute accepting the exercise of jurisdiction of the ICC in relation to alleged crimes committed on its territory from 20 February 2014 onwards, with no end date. 
On 29 September, based on Ukraine’s second declaration under article 12(3), the Prosecutor of the ICC announced the extension of the preliminary examination of the situation in Ukraine to include alleged crimes occurring after 20 February 2014 in Crimea and eastern Ukraine.
Ukraine is not a State Party to the Statute. However, pursuant to the two article 12(3) declarations lodged by the Government of Ukraine on 17 April 2014 and 8 September 2015, the Court may exercise jurisdiction over Rome Statute crimes committed on the territory of Ukraine from 21 November 2013 onwards. 
In the beginning of 2017, following the decision of the Ukrainian authorities to accept the jurisdiction of the International Criminal Court, the Prosecutor`s Office of the Autonomous Republic of Crimea (temporarily relocated to Kyiv) has launched criminal proceedings according to the provisions of the Article 438 of the Criminal Code of Ukraine (Violation of law and customs of the war), and started to collect evidences regarding human rights and international humanitarian law violations in all relevant areas, including murders, tortures, abduction or other cruel or inhuman treatment in relation to the residents of Crimea; compelling to serve in the military forces of the Russian Federation and prosecution for refusing to serve in the army; colonization; prohibition of peaceful protest actions, violations of journalists’ rights; obligation to obtain a Russian passport (IDs) on a compulsory basis, and other.
Based on the materials of the mentioned investigation, the Prosecutor`s Office, in close cooperation with Ukrainian Human Rights NGOs, prepared and submitted to the ICC 10 communications  concerning war crimes and crimes against humanity committed on the occupied territory of Crimea, requesting ICC, to open an investigation on situation in Ukraine, as following: 
 

On 18 October 2017, “Responsibility of the Russian Federation officials for the war crimes, in particular, for extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly in the occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol”. 


On 6 December 2017, “Responsibility of the Russian Federation officials for the crimes against humanity and war crimes, in particular, for deportation and displacement of civilian population as a result of the occupation of the Autonomous Republic of Crimea and the city of Sevastopol (in the context of the administrative expulsion and internal displacement)”.


On 6 December 2017, “Responsibility of the Russian Federation officials for the war crimes, in the form of illegal forcible transfer of civilian population from the occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol (in relation to persons held in custodial settings)”.


On 6 October 2018, “Responsibility of the Russian Federation officials for the war crimes, in particular, for the forced conscription of the Crimean population into the Russian armed forces”.


On 28 December 2018, “Responsibility of the Russian Federation officials for the crimes against humanity and war crimes in relation to unlawful transfer from the occupied territory of the autonomous republic of Crimea and unlawful deprivation of liberty of 23 citizens of Ukraine on 02-03 February 2018.


On 21 February 2019, “Responsibility of the Russian Federation officials for the war crimes, in the form of utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations”.

On 3 January 2020, “Responsibility of the Russian Federation officials for the crime of forcible transfer as a result of the occupation of the autonomous republic of Crimea and the city of Sevastopol (in the context of internal displacement of the civilian population)”.

On 30 June 2020, “Responsibility of the Russian Federation officials for the crime of responsibility of officials of the Russian federation for the crime of extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly (in the context of private property)”.

On 30 September 2020, “Responsibility of the Russian Federation officials for the forced conscription of the Crimean population into the Russian armed forces (in the context of the governmental policy to propagandize the military service among the children)”.
 

 

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