International Criminal Court : Assignment of the Situation in Ukraine to Pre-Trial Chamber II
04-03-2022
Grace ATALUI MOKANGO
International Justice and Human Rights Researcher
Global Human Rights Defence
Following a memorandum from the Office of the Prosecutor of the International Criminal Court dated 1 March 2022, Karim Khan notified the Presidency of the Court of his intention to submit a request for authorisation to open an investigation into the situation in Ukraine as required by Rome Statute. The press release stated that the Prosecutor had notified the judges of his intention to submit a request under article 15(3) of the Rome Statute seeking authorisation to open an investigation into the Situation in Ukraine concerning alleged war crimes and crimes against humanity in Ukraine from 21 November 2013 onwards.
The Presidency of the Court thus assigned the said Situation to Pre-Trial Chamber II, composed of Judges Antoine Kesia-Mbe Mindua, Tomoko Akane, and Rosario Salvatore Aitala.
Under the Rome Statute, it will thus be up to the judges sitting in Pre-Trial Chamber II, after considering the Prosecutor's application and the supporting material, to determine whether there is a reasonable basis that crimes under the Rome Statute have been committed in Ukraine. Their decision will authorise or not the Prosecutor to open the said investigation.
Sources and further reading
International Criminal Court, ICC Presidency assigns the Situation in Ukraine to Pre-Trial Chamber II, Press release, ( 2 March 2022), from : https://www.icc-cpi.int/Pages/item.aspx?name=pr1643
International Criminal Court, Decision assigning the situation in Ukraine to Pre-Trial Chamber II, ( 2 march 2022), from : https://www.icc-cpi.int/CourtRecords/CR2022_01686.PDF