Fact:

In 28 February 2022, the International Criminal Court (ICC) announced its intent to investigate alleged war crimes and crimes against humanity taking place in Ukraine since 21 November 2013.[80][81] [82] A formal ICC investigation began on 2 March, when Karim Ahmad Khan, prosecutor for the ICC, opened a full investigation into past and present allegations of war crimes, crimes against humanity, and genocide in Ukraine by any person from 21 November 2013 on.[83]

ICC prosecutors normally have to go through an approval process to begin an investigationa process that can take months but the Ukraine investigation was fast-tracked after an unprecedented 39 requests by ICC member states to begin the proceedings. [84][85][86]

The invasion violated the Rome Statute that created the International Criminal Court and prohibits "the invasion or attack ... or any annexation by the use of force". Russia withdrew from the statute in 2016 and does not recognize ICC authority [87][88] but thirty-nine member states officially referred the matter to the ICC,[89] Ukraine did not ratify the statute but signed two declarations accepting ICC jurisdiction in 2013 and 2014.[90][91][92]

The ICC also set up an online portal for people with evidence to contact investigators and sent investigators, lawyers and other professionals to Ukraine to collect evidence. [93][94]

Obstacles to prosecuting the crime of aggression

However, there are at least two potential obstacles to putting Russian political or military leaders on trial for crimes of aggression. First, the ICC does not try defendants in absentia, which means that a way must be found to bring leaders accused of crimes to The Hague.[95] Second, as explained above, unlike the other crimes over which the ICC has jurisdiction, crimes of aggression can only be prosecuted against leaders from states that are members of the ICC unless the UN Security Council makes a referral.[53] Russia is not an ICC member and has the permanent power to veto resolutions of the Security Council.

Since 2014, the Ukrainian authorities have repeatedly stated that Russia has violated various international agreements in the occupied territories of the Crimea, Donetsk, and Luhansk regions. After the full-scale invasion, the number of such statements rapidly increased. Ukrainian human rights organizations are monitoring and documenting international crimes committed by Russian occupiers during the war. The Ukrainian government, along with many other countries, is suing Russia and its government in international courts

Law violations

The most important rule of the Fourth Geneva Convention, as well as of all international humanitarian law, is the protection of civilians in times of war, particularly during the occupation.

The Russian military disregards this rule, deliberately shelling Ukrainian cities and humanitarian corridors, carrying out mass shootings in occupied territories, or forcing Ukrainian citizens to serve in the Russian army. The Russian occupiers arbitrarily kill and tortured civilians, raped women and children, and shoot doctors, clergy and journalists. There is no water, food, medicine, or electricity in the cities surrounded or occupied by Russia. The invaders are shelling food bases, schools, and hospitals, preventing humanitarian convoys from passing through, depriving entire regions of communication with the rest of the world, and causing a humanitarian crisis.

Such actions constitute a willful violation of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, as well as the relevant provisions of customary international humanitarian law.

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