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The investigation of the crimes of the Russian Federation against Ukraine by the International Criminal Court in The Hague will proceed “not quickly, but in stages,” said Olga Stefanishina, Ukraine’s Deputy Prime Minister for European and Euro-Atlantic Integration.
The decision of the International Criminal Court (ICC) in The Hague to open an investigation into the situation in Ukraine testifies to the recognition of Russia’s crimes in Ukraine.
Ukraine’s Deputy Prime Minister for European and Euro-Atlantic integration, Olga Stefanishina, announced it on December 12 on Ukraine 24 television channel.
“The decision to initiate an investigation is … in fact, recognition of the role of Russia in the commission of crimes against humanity on the territory of Ukraine. In the future, the investigation will not be carried out quickly, but in stages. , procedurally. We are not afraid. But it is obvious that Russia will use all possible tools, in particular hybrids, to sabotage this process, “he said.
In early December, Ukraine’s Deputy Attorney General Gunduz Mammadov said that overall, Ukraine had sent 14 appeals to the ICC on war crimes and crimes against humanity in Donbas and Crimea. According to the Attorney General of Ukraine, since the beginning of the armed conflict in the east of the country, more than 20 thousand crimes have been registered, over which more than 5 thousand processes have been opened.
On December 11, ICC prosecutor Fatou Bensouda stated that the court has reason to investigate the case regarding the situation in Ukraine. According to the prosecutor, the court concluded that a wide range of actions constituting war crimes and crimes against humanity “were committed in the context of the situation in Ukraine.” These are three types of offenses: committed in the context of the conduct of hostilities; committed during detention; committed in Crimea.
In the spring of 2014, after an illegal referendum, Russia occupied the Crimean peninsula of Ukraine. Ukraine and most countries of the world do not recognize the accession of the peninsula to the Russian Federation. At the moment, there is a control regime between mainland Ukraine and Crimea, and Kiev does not de facto control the peninsula. After the occupation of Crimea, Russia launched an armed aggression in eastern Ukraine. The fighting is between the Armed Forces of Ukraine, on the one hand, and the Russian army and the Russian-backed militants who control parts of the Donetsk and Lugansk regions, on the other. The Russian Federation does not officially recognize its invasion of Ukraine, despite the facts and evidence presented by Ukraine.
The ICC launched a preliminary study of the situation in Ukraine in April 2014.
The International Criminal Court operates under the Rome Statute, adopted in 1998 and in force since 2002. The court, based in The Hague, deals with crimes against humanity, genocide and war crimes. Furthermore, the jurisdiction of the court extends only to those states that have ratified the Rome Statute.
Ukraine has not ratified the Rome Statute, but in 2015 Ukraine notified the ICC that it recognized its jurisdiction over crimes against humanity and war crimes committed since the start of the Russian aggression.
In 2016, the preliminary report of the Office of the International Criminal Court on the case of the situation in Ukraine was published. The document states that “the situation on the territory of Crimea and Sevastopol amounts to an international armed conflict between Ukraine and the Russian Federation.” After the report is published The Russian Federation announced its desire to withdraw from the Rome Statute.
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