International Criminal Court investigation in Ukraine#Preliminary examination

{{As of|2022|02}}, Ukraine is not party to the Rome Statute of the International Criminal Court (ICC). In 2014 and 2015, the government of Ukraine made two formal requests for the ICC to investigate any Russian war crimes and crimes against humanity that may have occurred in Ukraine in the 2014 Euromaidan protests and civil unrest, the 2014 annexation of Crimea by the Russian Federation, and the war in Donbas. The first declaration was for the dates from 21 November 2013 to 22 February 2014, covering the whole territory of Ukraine. The second declaration requested an extended investigation from 20 February with an open-ended date, again for the whole of Ukrainian territory.

On 25 April 2014, the ICC started a preliminary examination of crimes against humanity that may have occurred in Ukraine in the 2014 Euromaidan protests and civil unrest, the 2014 annexation of Crimea by the Russian Federation, and the war in Donbas. On 11 December 2020, the ICC Prosecutor found that "there was a reasonable basis to believe that war crimes and crimes against humanity were committed", that the "alleged crimes identified would [as of December 2020] be admissible", and that there was "a reasonable basis for investigation, subject to judicial authorisation".

On 25 February 2022, the day after the start of the Russian invasion of Ukraine, ICC Prosecutor Karim Ahmad Khan stated that the ICC could "exercise its jurisdiction and investigate any act of genocide, crime against humanity or war crime committed within Ukraine." Khan stated on 28 February that he intended to launch a full ICC investigation and that he had requested his team to "explore all evidence preservation opportunities". He stated that it would be faster to officially open the investigation if an ICC member state referred the case for investigation, under Article 13(a) of the Rome Statute, rather than under proprio motu of Article 13(c), which would also establish jurisdiction, but would be slower.

Lithuanian prime minister Ingrida Šimonytė stated on 28 February that Lithuania had requested that the ICC investigation be opened. On 2 March 2022, Khan stated that he had received referrals from 39 states, enabling Khan to open an investigation under Article 14 of the Rome Statute. Khan stated that the Prosecutor's Office had already "identified potential cases that would be admissible". On 11 March, Japan and North Macedonia joined the referrals, bringing the total number of referring states to 41.{{cite web |title=Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Additional Referrals from Japan and North Macedonia; Contact portal launched for provision of information |url=https://www.icc-cpi.int/Pages/item.aspx?name=20220311-prosecutor-statement-ukraine |website=icc-cpi.int |publisher=International Criminal Court |access-date=11 March 2022 |date=11 March 2022}}

On 1 or 2 March 2022, the Situation in Ukraine was assigned to Pre-Trial Chamber II of the ICC, with judges Antoine Kesia-Mbe Mindua, Tomoko Akane and Rosario Salvatore Aitala, who are required to decide whether to authorise the investigation after they receive a request for authorisation from the Prosecutor, Khan.

The countries that referred the case of war crimes in Ukraine to the ICC include the following:{{cite web |title=Russia referred to International Criminal Court for alleged war crimes in Ukraine |url=https://inews.co.uk/news/russia-referred-international-criminal-court-alleged-war-crimes-ukraine-1495243 |website=inews.co.uk |publisher=The i |access-date=2 March 2022 |language=en |date=2 March 2022 |archive-date=6 March 2022 |archive-url=https://web.archive.org/web/20220306142039/https://inews.co.uk/news/russia-referred-international-criminal-court-alleged-war-crimes-ukraine-1495243 |url-status=live }}{{cite web |title=Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Additional Referrals from Japan and North Macedonia; Contact portal launched for provision of information |url=https://www.icc-cpi.int/Pages/item.aspx?name=20220311-prosecutor-statement-ukraine |website=icc-cpi.int |publisher=International Criminal Court |access-date=11 March 2022 |date=11 March 2022 |archive-date=11 March 2022 |archive-url=https://web.archive.org/web/20220311223518/https://www.icc-cpi.int/Pages/item.aspx?name=20220311-prosecutor-statement-ukraine |url-status=live }}{{cite web |title=Ukraine Referral Montenegro |url=https://www.icc-cpi.int/sites/default/files/2022-04/20220321164751497-ukraine-referral-montenegro.pdf |publisher=International Criminal Court |access-date=31 October 2024 |language=English |date=21 March 2022 }}{{cite web |title=Chile Letter to OTP |last1=Salinas Burgos |first1=Hernan |url=https://www.icc-cpi.int/sites/default/files/2022-04/20220401-Chile-Letter-to-OTP.PDF |publisher=International Criminal Court |access-date=31 October 2024 |date=1 April 2022 }}

{{Div col|colwidth=15em|content=# Albania

1. Australia
2. Austria
3. Belgium
4. Bulgaria
5. Canada
6. Chile
7. Colombia
8. Costa Rica
9. Croatia
10. Cyprus
11. Czech Republic
12. Denmark
13. Estonia
14. Finland
15. France
16. Georgia
17. Germany
18. Greece
19. Hungary
20. Iceland
21. Ireland
22. Italy
23. Japan
24. Latvia
25. Liechtenstein
26. Lithuania
27. Luxembourg
28. Malta
29. Montenegro
30. North Macedonia
31. Norway
32. Netherlands
33. New Zealand
34. Poland
35. Portugal
36. Romania
37. Slovakia
38. Slovenia
39. Spain
40. Sweden
41. Switzerland
42. United Kingdom}}

Prosecutor Khan stated on 3 March 2022 that an initial team consisting of "investigators, lawyers, and people with particular experience in operational planning" was sent to Ukraine region to begin collecting evidence. On 11 March 2022 he announced that his office had created a dedicated portal through which any person holding information relevant to the Ukraine situation can contact the ICC investigators.{{Cite web |title=Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Additional Referrals from Japan and North Macedonia; Contact portal launched for provision of information |url=http://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-qc-situation-ukraine-additional-referrals-japan-and |access-date=2022-10-26 |website=International Criminal Court |language=en}}

On 16 March 2022, the ICC Prosecutor visited western Ukraine and Poland to personally assess the situation on the ground in Ukraine.{{Cite web |title=Statement of ICC Prosecutor, Karim A.A. Khan QC, on his visits to Ukraine and Poland: "Engagement with all actors critical for effective, independent investigations." |url=http://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-qc-his-visits-ukraine-and-poland-engagement-all-actors |access-date=2022-10-26 |website=International Criminal Court |language=en}} During this visit, the ICC Prosecutor met with the Minister of Foreign Affairs and the Prosecutor-General of Ukraine, and met the president of Ukraine, Volodymyr Zelensky, virtually. The ICC Prosecutor joined Zelensky's view that every possible effort should be made to ensure that the conduct of hostilities does not give rise to breaches of international humanitarian law, and declared that his office may investigate and prosecute any attacks intentionally directed against the civilian population or civilian objects.

{{main|Child abductions in the Russo-Ukrainian War|International Criminal Court arrest warrants for Russian leaders}}

{{Multiple image

|perrow=2

|total_width = 300

|image1 = Владимир Путин (08-03-2024) (cropped).jpg

|image2 = Maria Alekseyevna Lvova-Belova - Встреча с Уполномоченным по правам ребёнка Марией Львовой-Беловой 02 (cropped).jpg

|image3 = Viktor Sokolov.jpg

|image4 = Sergey Kobylash, 2017.jpg

|position = right

|image5 = Official portrait of Sergey Shoigu with awards.jpg

|image6 = Valery Gerasimov official photo version 2022-10-03.jpg

| footer = People indicted in the International Criminal Court investigation in Ukraine

• top row: Vladimir Putin, Maria Lvova-Belova
• middle row: Viktor Sokolov, Sergey Kobylash
• bottom row: Sergei Shoigu, Valery Gerasimov

}}

On 22 February 2023, Karim Ahmad Khan requested Pre-Trial Chamber II to issue warrants for the arrest of Vladimir Putin, president of the Russian Federation, and Maria Lvova-Belova, the Presidential Commissioner for Children's Rights in Russia, on the basis of "reasonable grounds" that they "bear criminal responsibility for the unlawful deportation and transfer of Ukrainian children from occupied areas of Ukraine to the Russian Federation, contrary to article 8(2)(a)(vii) and article 8(2)(b)(viii) of the Rome Statute". Khan stated that "at least hundreds of children" had been deported to Russia, and that Putin had issued presidential decrees making it easier to give the children Russian citizenship. Khan's office interpreted the events as "an intention to permanently remove [the] children from their own country".{{cite Q|Q117194521}}

On 17 March 2023, the Pre-Trial Chamber issued arrest warrants for Putin and Lvova-Belova.{{cite web |last1=Hofmański|first1=Piotr|author1-link=Piotr Hofmański|title=ICC arrest warrants in the situation of Ukraine: Statement by President Piotr Hofmański|url=https://www.youtube.com/watch?v=FbKhCAaRLfc|website=youtube.com |publisher=International Criminal Court |language=en |format=video |date=March 17, 2023}}{{Cite news |date=17 March 2023 |title=ICC issues arrest warrant for Putin on war crime allegations |work=Al Jazeera |url=https://www.aljazeera.com/news/2023/3/17/icc-issues-arrest-warrant-for-russias-putin-over-ukraine-crimes |url-status=live |access-date=17 March 2023 |archive-url=https://web.archive.org/web/20230317161457/https://www.aljazeera.com/news/2023/3/17/icc-issues-arrest-warrant-for-russias-putin-over-ukraine-crimes |archive-date=17 March 2023}}{{Cite news |last1=Corder |first1=Mike |last2=Casert |first2=Raf |date=17 March 2023 |title=ICC issues arrest warrant for Putin over Ukraine war crimes |work=Associated Press |url=https://apnews.com/article/icc-putin-war-crimes-ukraine-9857eb68d827340394960eccf0589253 |url-status=live |access-date=17 March 2023 |archive-url=https://web.archive.org/web/20230317162845/https://apnews.com/article/icc-putin-war-crimes-ukraine-9857eb68d827340394960eccf0589253 |archive-date=17 March 2023}}{{Cite news |last=Michaels |first=Daniel |date=17 March 2023 |title=U.N. Court Issues Arrest Warrant for Russia's Putin And Another Kremlin Official |work=The Wall Street Journal |url=https://www.wsj.com/articles/u-n-court-issues-arrest-warrant-for-russias-putin-and-another-kremlin-official-d3b9cb8e |url-status=live |access-date=17 March 2023 |archive-url= https://archive.today/20230317160704/https://www.wsj.com/amp/articles/u-n-court-issues-arrest-warrant-for-russias-putin-and-another-kremlin-official-d3b9cb8e|archive-date=17 March 2023}}

On 5 March 2024, the ICC issued arrest warrants for senior military officials Viktor Sokolov and Sergey Kobylash, on reasonable grounds of suspecting them of the war crimes of directing attacks at civilian objects and of causing excessive incidental harm to civilians or damage to civilian objects (Articles 8(2)(b)(ii) and 8(2)(b)(iv) of the Rome Statute) and of the crime against humanity of inhumane acts under article 7(1)(k). As of March 2024, the details of the warrants were kept secret to protect witnesses and protect the investigation.{{cite Q|Q124748309|url-status=live}}

On 24 June 2024, the ICC issued arrest warrants for Russian politician and military officer Sergei Shoigu and Russian army general Valery Gerasimov.{{cite Q|Q126902384|url-status=live}}

The 125 member states of the ICC are obliged to detain and transfer any of the indicted individuals if any of them set foot on their territory.{{Cite news|url=https://www.reuters.com/world/what-does-icc-arrest-warrant-mean-putin-2023-03-18/|title=Explainer: What does the ICC arrest warrant mean for Putin?|first1=Anthony|last1=Deutsch|first2=Stephanie van den|last2=Berg|newspaper=Reuters|date=20 March 2023|accessdate=23 March 2023|archive-date=14 May 2023|archive-url=https://web.archive.org/web/20230514021708/https://www.reuters.com/world/what-does-icc-arrest-warrant-mean-putin-2023-03-18/|url-status=live}}

On 4 March 2022, European Union (EU) justice ministers requested Eurojust to support war crimes and crimes against humanity investigations by national courts and by the ICC. On 23 March 2022, the French Ministry for Europe and Foreign Affairs declared that it would provide {{currency|500 thousand|EUR|passthrough=yes}} of extra funding to the ICC and would increase the support "if need be".

The ICC relies on member countries to assist with investigation and enforcement. However, many countries are not members of the ICC, including India, China and the United States.{{cite journal |last1=Felter |first1=Claire |title=The Role of the International Criminal Court |journal=Council on Foreign Relations |date=23 February 2021 |url=https://www.cfr.org/backgrounder/role-international-criminal-court |access-date=16 March 2022}} Russia withdrew its signature from the Rome Statute in 2016, after the ICC ruled that Russia's invasion of Crimea amounted to an "ongoing occupation".{{cite news |title=Russia withdraws from International Criminal Court treaty |url=https://www.bbc.com/news/world-europe-38005282 |access-date=16 March 2022 |agency=BBC |date=16 November 2016}} Therefore, Russia has no legal obligation to cooperate with the ICC and would be unlikely to hand over suspects for trial or prosecution, particularly President Vladimir Putin.{{cite news |last1=Shelton |first1=Tracey |title=What constitutes a war crime and who could try Russia for alleged crimes committed during its invasion of Ukraine? |url=https://www.abc.net.au/news/2022-03-10/what-constitutes-a-war-crime-russia-ukraine-invasion-war-putin/100897636 |access-date=16 March 2022 |date=10 March 2022}}{{cite news |last1=Brissenden |first1=Michael |title=Putin has been accused of committing war crimes. But could the International Criminal Court bring him to justice? |url=https://www.abc.net.au/news/2022-03-04/putin-ukraine-accused-war-crimes-international-criminal-court/100879230 |access-date=16 March 2022 |publisher=ABC News |date=4 March 2022}}

Since Russia is not a member of the ICC, enforcing arrest warrants against suspects located on Russian territory is expected to be difficult.

Earlier, in April 2022, United States authorities had stated that the US would help the International Criminal Court to prosecute Russian President Vladimir Putin and others for war crimes committed during the invasion of Ukraine.{{cite news |title=U.S. looks to assist war crimes prosecutions targeting Russian leaders |url=https://www.washingtonpost.com/national-security/2022/04/25/russia-ukraine-war-crimes-prosecutions/ |newspaper=The Washington Post |date=25 April 2022}}{{cite news |last1=Orentlicher |first1=Diane |title=The case for a Putin war crimes trial |url=https://www.nbcnews.com/think/opinion/russia-ukraine-war-updates-trickle-case-trying-vladimir-putin-war-crim-rcna27996 |work=NBC News |date=10 May 2022}}

On 19 March 2023, German Federal Justice Minister Marco Buschmann confirmed in an interview that Germany would arrest Putin should he set foot on German soil.{{cite news |title= Germany will have to arrest Putin if he enters its territory |url= https://kyivindependent.com/news-feed/justice-minister-germany-is-obliged-to-detain-putin-hand-him-over-to-the-icc |work=The Kyiv Independent |date=19 March 2023}}

US Secretary of Defense Lloyd Austin refused to cooperate with the ICC in the investigation of Russian war crimes in Ukraine, out of concern that doing so could legitimize the ICC's investigation of United States war crimes.{{cite news |title=Pentagon withholding evidence in Russia war crimes case: Senators |url=https://www.aljazeera.com/news/2023/5/11/pentagon-withholding-evidence-in-russia-war-crimes-case-senators |work=Al Jazeera |date=11 May 2023}}

• OSCE Special Monitoring Mission to Ukraine
• International Commission of Inquiry on Ukraine
• Legality of the Russian invasion of Ukraine
• Ukraine v. Russian Federation (2022)
• War crimes in the Russian invasion of Ukraine

{{reflist|refs=

{{cite web | last1 = Karim Ahmad | first1 =Khan |author1-link= Karim Ahmad Khan | title= Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: 'I have decided to proceed with opening an investigation.' | website= ICC |date = 2022-02-28 | url = https://www.icc-cpi.int/Pages/item.aspx?name=20220228-prosecutor-statement-ukraine | access-date = 2022-03-03 |archive-url= https://web.archive.org/web/20220301185612/https://www.icc-cpi.int/Pages/item.aspx?name=20220228-prosecutor-statement-ukraine |archive-date= 2022-03-01 |url-status=live }}

{{cite web | title= Russia, Ukraine & International Law: On Occupation, Armed Conflict and Human Rights | website= Human Rights Watch |date = 2022-02-23 | url = https://www.hrw.org/news/2022/02/23/russia-ukraine-international-law-occupation-armed-conflict-and-human-rights | access-date = 2022-02-24 |archive-url= https://web.archive.org/web/20220224100221/https://www.hrw.org/news/2022/02/23/russia-ukraine-international-law-occupation-armed-conflict-and-human-rights |archive-date= 2022-02-24 |url-status=live }}

{{cite web | title= Preliminary examination – Ukraine | website= International Criminal Court |year = 2020 | url = https://www.icc-cpi.int/ukraine | access-date = 2022-02-24 |archive-url= https://archive.today/20220224100315/https://www.icc-cpi.int/ukraine |archive-date= 2022-02-24 |url-status=live }}

{{cite news | title= ICC says may investigate possible war crimes after Russian invasion of Ukraine | date= 2022-02-25 |newspaper= Thomson Reuters | url= https://www.reuters.com/world/europe/icc-says-may-investigate-possible-war-crimes-after-russian-invasion-ukraine-2022-02-25 |access-date= 2022-02-25 |archive-url= https://web.archive.org/web/20220225082825/https://www.reuters.com/world/europe/icc-says-may-investigate-possible-war-crimes-after-russian-invasion-ukraine-2022-02-25 |archive-date= 2022-02-25 |url-status=live }}

{{cite news | last1= Borger | first1= Julian | title= ICC prosecutor to investigate possible war crimes in Ukraine | date= 2022-02-28 |newspaper= The Guardian | url= https://www.theguardian.com/world/2022/feb/28/ukraine-russia-belarus-war-crimes-investigation-the-hague |access-date= 2022-03-01 |archive-url= https://web.archive.org/web/20220228223054/https://www.theguardian.com/world/2022/feb/28/ukraine-russia-belarus-war-crimes-investigation-the-hague |archive-date= 2022-02-28 |url-status=live }}

{{cite news | title= Ukraine invasion: International Criminal Court investigates alleged Russian war crimes | date= 2022-03-03 |newspaper= South China Morning Post | url= https://www.scmp.com/news/world/europe/article/3169045/ukraine-invasion-international-criminal-court-investigates |access-date= 2022-03-04 |archive-url= https://archive.today/20220304183250/https://www.scmp.com/news/world/europe/article/3169045/ukraine-invasion-international-criminal-court-investigates |archive-date= 2022-03-04 |url-status=live }}

{{cite web | last1 = Khan | first1 = Karim Ahmad |author1-link=Karim Ahmad Khan | title= Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Receipt of Referrals from 39 States Parties and the Opening of an Investigation | website= ICC |date = 2022-03-02 | url = https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine | access-date = 2022-03-04 |archive-url= https://archive.today/20220304183718/https://www.icc-cpi.int/Pages/item.aspx?name=2022-prosecutor-statement-referrals-ukraine |archive-date= 2022-03-04 |url-status=live }}

{{cite news | title=ICC prosecutor: Team leaves to investigate war crimes in Ukraine | date=2022-03-03 |newspaper=Thomson Reuters | url= https://www.reuters.com/world/europe/icc-prosecutor-advance-team-has-left-begin-work-ukraine-investigation-2022-03-03 |access-date= 2022-03-04 |archive-url= https://web.archive.org/web/20220303231655/https://www.reuters.com/world/europe/icc-prosecutor-advance-team-has-left-begin-work-ukraine-investigation-2022-03-03 |archive-date= 2022-03-03 |url-status=live }}

{{cite web | title= ICC Presidency assigns the Situation in Ukraine to Pre-Trial Chamber II | website= International Criminal Court |date = 2022-03-02 | url = https://www.icc-cpi.int/Pages/item.aspx?name=pr1643 | access-date = 2022-03-12 |archive-url= https://web.archive.org/web/20220306032145/https://www.icc-cpi.int/Pages/item.aspx?name=pr1643 |archive-date= 2022-03-06 |url-status=live }}

{{cite web | title= International Criminal Court investigation into crimes committed in Ukraine (23 Mar. 2022) | website= Ministry for Europe and Foreign Affairs |date = 2022-03-23 | url = https://www.diplomatie.gouv.fr/en/country-files/ukraine/news/article/international-criminal-court-investigation-into-crimes-committed-in-ukraine-23 | access-date = 2022-03-24 |archive-url= https://web.archive.org/web/20220324195424/https://www.diplomatie.gouv.fr/en/country-files/ukraine/news/article/international-criminal-court-investigation-into-crimes-committed-in-ukraine-23 |archive-date= 2022-03-24 |url-status=live }}

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• [https://www.icc-cpi.int/ukraine ICC Situation in Ukraine overview]
• [https://otppathway.icc-cpi.int/link/registerapplication?name=otpcontactpathway&lang=en_UK Office of the Prosecutor contact pathway] {{Webarchive|url=https://web.archive.org/web/20220314145329/https://otppathway.icc-cpi.int/link/registerapplication?name=otpcontactpathway&lang=en_UK |date=2022-03-14 }}

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Category:War crimes in Ukraine

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