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International Criminal Court to investigate alleged war crimes in Ukraine

The International Criminal Court will begin investigating alleged war crimes that have taken place in Ukraine since Russia’s invasion began.

user iconNaomi Neilson 03 March 2022 Big Law
Karim Khan QC
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Chief prosecutor Karim Khan QC has tasked his team with exploring all evidence preservation opportunities with the intention of launching an investigation into the alleged war crimes and crimes against humanity that have taken place in Ukraine since Russia launched its invasion and escalated its attacks over the last week.

Mr Karim said there is a reasonable basis that the crimes have been committed and, given the expansion of the conflict, “it is my intention that this investigation will 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”.

Mr Khan will be seeking additional budgetary support, voluntary contributions to support the situation, and for the loan of gratis personnel. He said the “importance and urgency of our mission is too serious to be held hostage to lack of means”.

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The next step would be to seek and obtain authorisation from the pretrial chamber of the court to open the investigation. An alternative route set out in the statute could expedite matters, Mr Khan said, which would see the ICC State Party refer the situation to his office and allow him to immediately proceed with the investigation.

“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,” Mr Khan commented in a recent statement.

Early next week, the International Court of Justice, the principal judicial organ of the United Nations, will also hold public hearings in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation) at the Peace Palace in The Hague.

This is in addition to the United Nations Human Rights Council voting earlier this week to accept Ukraine’s request to hold an urgent debate on Russia’s invasion. It’s been reported that a Ukrainian draft resolution will be considered at the debate.

 

 

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