International Criminal Court : Statement by Prosecutor Karim Khan on the Current Situation in Ukraine

28-08-2022

Grace ATALUI MOKANGO

International Justice and Human Rights Researcher 

Global Human Rights Defence

The International Criminal court Prosecutor stated, "I have been closely following recent developments in and around Ukraine with increasing concern."

In this statement of 25 February 2022, the Court's Prosecutor, who is currently in Bangladesh, made a point of reminding the parties conducting the hostilities that since 8 September 2015, Ukraine had lodged a declaration recognising the jurisdiction of the International Criminal Court over any acts of genocide, crimes against humanity and war crimes committed on the territory of Ukraine since 20 February 2014. Although neither Russia nor Ukraine is a party to the Rome Statute, Ukraine's acceptance of the Court's jurisdiction will allow the Court to prosecute any person who commits, incites, or contributes to the commission of the above crimes. 

Following numerous questions received by his office, the Prosecutor was keen to provide an answer regarding the crime of aggression under article 8 bis of the Rome Statute in the situation in Ukraine, stating that "Given that neither Ukraine nor the Russian Federation are State Parties to the Rome Statute, the Court cannot exercise jurisdiction over this alleged crime in this situation."

Finally, the Prosecutor reminded the belligerents of the need for strict enforcement of international humanitarian law and recalled the independence and impartiality governing his office while declaring to come back with more statements as the situation in Ukraine progresses. 

Source and further reading : 

International Criminal Court, Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: “I have been closely following recent developments in and around Ukraine with increasing concern.”, (25/02/2022), from : https://www.icc-cpi.int/Pages/item.aspx?name=20220225-prosecutor-statement-ukraine

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