Russia-Ukraine Conflict : International Criminal Court Prosecutor To Open Probe Into Alleged War Crimes

Amid the ongoing Russian invasion of Ukraine, the International Criminal Court Prosecutor has decided to open an investigation into the situation in Ukraine, observing that there is a "reasonable basis" to believe that war crimes and crimes against humanity have been committed.

Prosecutor Karim A Khan said in a statement that the investigation will look at alleged crimes committed before the Russian invasion, but added that "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."

Ukraine had earlier accepted the ICC's jurisdiction to look into alleged crimes under the Rome Statute committed on Ukranian territory from November 2013 to 22 February 2014. Also, in a subsequent declaration, Ukraine extended this time period on an open-ended basis to encompass ongoing alleged crimes committed throughout its territory from 20 February 2014 onwards.

According to a report in the Associated Press, these crimes relate to the violent suppression of pro-European protests in Kyiv in 2013-2014 by a pro-Russian Ukrainian administration and allegations of crimes in Crimea, which Russia annexed in 2014, and eastern Ukraine, where Russia has backed rebels since 2014.

Amid the ongoing probe into these crimes, the ICC Prosecutor has now decided to expand the scope of investigation to cover alleged crimes that are committed by any party to the conflict on any party of the Ukranian territory during the Russian military invasion.

In a related development, Ukraine has filed an application before the International Court of Justice seeking measures against the Russian military operation.

The statement of the ICC Prosecutor Karim Khan can be read here :

"Last Friday, I expressed my increasing concern, echoing those of world leaders and citizens of the world alike, over the events unfolding in Ukraine.

Today, I wish to announce that I have decided to proceed with opening an investigation into the Situation in Ukraine, as rapidly as possible.

Ukraine is not a State Party to the Rome Statute of the International Criminal Court ("ICC" or the "Court"), so cannot itself refer the situation to my Office. 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 first declaration lodged by the Government of Ukraine accepted ICC jurisdiction with respect to alleged crimes committed on Ukrainian territory from 21 November 2013 to 22 February 2014. The second declaration extended this time period on an open-ended basis to encompass ongoing alleged crimes committed throughout the territory of Ukraine from 20 February 2014 onwards.

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.

I have already tasked my team to explore all evidence preservation opportunities. 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. An alternative route set out in the Statute that could further expedite matters would be for an ICC State Party to refer the situation to my Office, which would allow us to actively and immediately proceed with the Office's independent and objective investigations.

I will also be asking for the support of all States Parties and the international community as a whole as my Office sets about its investigations. I will be calling for additional budgetary support, for voluntary contributions to support all our situations, and for the loan of gratis personnel. The importance and urgency of our mission is too serious to be held hostage to lack of means.

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".