A request from 39 countries, including Spain, has allowed the Public Prosecutor’s Office International Criminal Court (ICC) open today an investigation in Ukraine for war crimes and crimes against humanity.
“I have notified the ICC Presidency a few moments ago of my decision to immediately proceed with active investigations,” ICC Chief Prosecutor Karim Khan said in a statement.
The British jurist announced on February 28 his intention to open an investigation for crimes “committed by any of the parties on the entire territory of Ukraine.”
The Proceedings proposed by the Public Prosecutor’s Office in The Hague usually require the approval of a pre-trial chamber made up of three judges.
However, the referral presented by 39 countries, including Spain, France, Germany, the United Kingdom, Portugal, Italy, Canada, Australia, Colombia and Costa Rica, among others, eliminates the requirement of the authorization of the magistrates and allows the ICC Prosecutor’s Office automatically start the investigations.
“My Office has found a reasonable basis to believe that crimes have been committed within the jurisdiction of the Court, and has identified possible cases that would be admissible,” warned the chief prosecutor.
“I reiterate my call on all those participating in the hostilities in Ukraine to strictly adhere to the applicable norms of international humanitarian law,” added Khan, who reiterated that neither party “has a license to commit crimes within the jurisdiction of Ukraine. the ICC”.
Neither Russia nor Ukraine are States Parties to the ICC, but Kiev filed two applications, in November 2013 and February 2014, accepting the court’s jurisdiction.
The predecessor of the current chief prosecutor of the ICC, Fatou Bensouda, warned in December 2020 of her intention to open an investigation for crimes committed on the Crimean peninsula and in the self-proclaimed pro-Russian republics of Donetsk and Lugansk, in eastern Ukraine.
However, Chief Prosecutor Khan clarified today that the investigations begin from November 21, 2013 “onwards”so its jurisdiction encompasses “any past and present accusation of war crimes, crimes against humanity or genocide.”
The ICC announcement comes five days before the beginning of the trial for Ukraine’s lawsuit against Russia for genocide at the International Court of Justice (ICJ), the UN’s highest court.
Both courts are located in the Dutch city of The Hague. The ICC processes the criminal liability of individuals, while the ICJ deals with disputes between states. (I)
Source: Eluniverso
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