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The most important thing for Ukraine is to hold Russia responsible for unleashing the war, but the state did not demand it from the International Criminal Court (ICC) in The Hague. The criminologist Anna Malyar told this in a comment to the publication “GORDON”.
“The ICC is convinced that there are crimes in Ukraine that are under its jurisdiction. I wouldn’t say that this is already a victory. In general, it is not clear if this is good or bad when only the preliminary stage of the investigation lasted six years. Even for the International Criminal Court, this is a long time. It is possible that what happened is related to the end of the prosecutor’s cadence, which, before retiring, wants to complete cases initiated. In any case, this is a positive sign, because there is progress in the case. But on the other hand, this does not predict the ICC’s decision. The investigation itself can also take many years.“, – emphasized the painter.
According to her, Russia will not be the subject of the investigation, as it is not a signatory to the Rome Statute.
“The state that signed the Rome Statute allows the court in its territory to investigate only four groups of crimes: crimes against humanity, war crimes, genocide and aggression. Ukraine did not sign the Rome Statute, but allowed partial jurisdiction over two categories of crimes: war crimes and crimes against It is important to understand who the subject is. Russia is not a signatory to the Rome Statute. Consequently, the subjects of responsibility are the citizens of Ukraine on both sides of the war, “said the interlocutor. .
He noted that the ICC will not investigate Russia’s aggression against Ukraine.
Ukraine did not allow an investigation into Russia’s aggression. This is a very interesting political move from the previous government. I have many questions about it. Because within the framework of national justice it is possible to face, for example, torture. Yes, we do not have access to uncontrolled territory. , but at least partially we can investigate and prosecute him. But it is much more difficult within the framework of national justice to prosecute for aggression. Why don’t we demand that the ICC investigate the Russian aggression? For me, the most important thing is to punish the Russian Federation for the war. Yes I understand that since the Nuremberg trials, the courts have not brought anyone to justice for assault. But we could endeavor to set a precedent and become first, because we have so much evidence. Furthermore, the definition of aggression has already appeared in the Rome Statute “, the painter summarized.
On December 11, ICC prosecutor Fatou Bensouda stated that the court has reason to investigate the case regarding the situation in Ukraine. The court launched a preliminary study of the situation in Ukraine in April 2014. The next step will be to request permission from the judges of the court’s Pre-Trial Chamber to initiate an investigation.
The International Criminal Court operates on the basis of 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. In this case, the jurisdiction of the court extends only to those states that have ratified the Rome Statute.
Ukraine has not ratified the Rome Statute, however, In 2015, Ukraine notified the ICC of the recognition of its jurisdiction over crimes against humanity and war crimes committed since the beginning 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.
In early December, Ukraine’s Deputy Attorney General Gunduz Mamedov said that generally Ukraine sent 14 appeals to the ICC on war crimes and crimes against humanity in Donbass and Crimea. By information Ukraine’s Attorney General’s Office, since the beginning of the armed conflict in the east of the country, more than 20,000 criminal offenses have been registered, for which more than 5,000 processes have been opened.
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 checkpoint 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.
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