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LCA calls on Australian government to accommodate Ukrainian refugees
Alongside members of the international legal community, the Law Council of Australia has expressed its grave concerns at Russia’s invasion of Ukraine and has called on the Australian government to open its doors to Ukrainian refugees.
Naomi Neilson
As Russia escalates its attacks in Ukraine, the United Nations high commissioner for refugees reported that at least 160,000 people have been internally displaced across Ukraine but predicted this number could soon top 4 million.
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The Law Council of Australia (LCA) requested that in addition to accommodating the refugees leaving Ukraine, the Australian government should implement pathways to protection visas for Ukrainian asylum seekers and refugees currently in Australia and prioritise family reunification when processing humanitarian visa applications.
“In addition to Australia’s responsibility to assist Australians who are at risk and need to evacuate, as a member of the international community, Australia should seek to protect and support the people of Ukraine through the provision of humanitarian aid and the offer of asylum to citizens seeking to leave the country,” LCA said.
“The LCA is deeply concerned for the safety of members of the legal profession in Ukraine and has written to the Ukrainian Bar Association to offer support.”
The Law Society of South Australia has joined the LCA in expressing its grave concern over Russia’s invasion of Ukraine in a “clear invasion of international law”.
“The society also endorses the Law Council’s call to the Australian government to provide humanitarian aid and asylum to Ukrainian citizens impacted by the conflict,” it said.
International legal response
The International Criminal Court (ICC), which has the jurisdiction to investigate war crimes in Ukraine, said it is following the developments with “increasing concern”.
ICC prosecutor Karim A.A. Khan QC said that any person found to have committed acts of genocide, crimes against humanity or war crimes – including “ordering, inciting or contributing” to the crimes – may be liable to prosecution before the court.
In a statement late last week, Mr Khan said: “My office will continue to closely monitor the situation in Ukraine. In the independent and impartial exercise of its mandate, the office remains fully committed to the prevention of atrocity crimes and to ensuring that anyone responsible for such crimes is held accountable.”
Pursuant to a declaration lodged in September 2015, the International Criminal Court has the jurisdiction to investigate crimes within the territory of Ukraine.
However, it cannot answer multiple queries on amendments to the Rome Statute with respect to the crime of aggression – which came into force in 2018 – and the application of those amendments to the present situation in Ukraine.
Given that neither Ukraine nor the Russian federation are state parties to the Rome Statute, Mr Kahn said the court cannot exercise jurisdiction over this alleged crime.
Mr Khan said the court would be issuing a more detailed statement regarding the situation in Ukraine pending his return to The Hague. It will provide clarity on “my assessment and the next steps I envisage in relation to this file”.
