Statement :  | , 

Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Receipt of Referrals from 39 States Parties and the Opening of an Investigation

On 28 February, I announced my decision to seek authorisation to open an investigation into the Situation in Ukraine, on the basis of my Office's earlier conclusions arising from its preliminary examination, and encompassing any new alleged crimes falling within the jurisdiction of the International Criminal Court ("ICC" or "the Court").

In the same statement, I indicated that active investigations by my Office would be significantly expedited if a State Party to the Rome Statute (the "Statute") were to refer the situation to my Office, as provided in article 14 of the Statute.

Today, I can confirm that, my Office has received referrals of the Situation in Ukraine from the following 39 ICC States Parties: Republic of Albania, Commonwealth of Australia, Republic of Austria, Kingdom of Belgium, Republic of Bulgaria, Canada, Republic of Colombia, Republic of Costa Rica, Republic of Croatia, Republic of Cyprus, Czech Republic, Kingdom of Denmark, Republic of Estonia, Republic of Finland, Republic of France, Georgia, Federal Republic of Germany, Hellenic Republic, Hungary, Republic of Iceland, Ireland, Republic of Italy, Republic of Latvia, Principality of Liechtenstein, Republic of Lithuania, Grand Duchy of Luxembourg, Republic of Malta, New Zealand, Kingdom of Norway, Kingdom of the Netherlands, Republic of Poland, Republic of Portugal, Romania, Slovak Republic, Republic of Slovenia, Kingdom of Spain, Kingdom of Sweden, Swiss Confederation, United Kingdom of Great Britain and Northern Ireland. These referrals enable my Office to proceed with opening an investigation into the Situation in Ukraine from 21 November 2013 onwards, thereby encompassing within its scope any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person.

I have notified the ICC Presidency a few moments ago of my decision to immediately proceed with active investigations in the Situation. Our work in the collection of evidence has now commenced.

As mentioned in my statement of 28 February, in its preliminary examination of the Situation in Ukraine, my Office had already found a reasonable basis to believe crimes within the jurisdiction of the Court had been committed, and had identified potential cases that would be admissible.

As I proceed to discharge my responsibilities, I will seek to engage with all relevant stakeholders and parties to the conflict, ensuring that investigations by my Office are conducted objectively and independently, with full respect for the principle of complementarity. In doing so, we will remain focused on our core objective: ensuring accountability for crimes falling within ICC jurisdiction.

The support of States Parties and the international community more broadly will be essential as we seek to meet the inherent challenges faced in the conduct of these investigations. I will therefore seek the partnership and contributions of all States in order to address our need for additional resources across all situations addressed by my Office.

With an active investigation now underway, I repeat my call to all those engaged in hostilities in Ukraine to adhere strictly to the applicable rules of international humanitarian law. No individual in the Ukraine situation has a licence to commit crimes within the jurisdiction of the International Criminal Court.

If anyone has information relevant to the Situation, this can be submitted to the Office of the Prosecutor via: otp.informationdesk@icc-cpi.int.

For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.


Source: Office of the Prosecutor | Contact: OTPNewsDesk@icc-cpi.int


Statement : 28 February 2022

Statement of International Criminal Court Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: “I have decided to proceed with opening an investigation.”

Last Friday, I expressed my increasing concern, echoing those of world leaders and citizens of the world alike, over the events unfolding in Ukraine.

Today, I wish to announce that I have decided to proceed with opening an investigation into the Situation in Ukraine, as rapidly as possible.

Ukraine is not a State Party to the Rome Statute of the International Criminal Court ("ICC" or the "Court"), so cannot itself refer the situation to my Office. But it has twice exercised its prerogatives to legally accept the Court's jurisdiction over alleged crimes under the Rome Statute occurring on its territory, should the Court choose to exercise it. The first declaration lodged by the Government of Ukraine accepted ICC jurisdiction with respect to alleged crimes committed on Ukrainian territory from 21 November 2013 to 22 February 2014. The second declaration extended this time period on an open-ended basis to encompass ongoing alleged crimes committed throughout the territory of Ukraine from 20 February 2014 onwards.

I have reviewed the Office's conclusions arising from the preliminary examination of the Situation in Ukraine, and have confirmed that there is a reasonable basis to proceed with opening an investigation. In particular, I am satisfied that there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have been committed in Ukraine in relation to the events already assessed during the preliminary examination by the Office. Given the expansion of the conflict in recent days, it is my intention that this investigation will also encompass any new alleged crimes falling within the jurisdiction of my Office that are committed by any party to the conflict on any part of the territory of Ukraine.

I have already tasked my team to explore all evidence preservation opportunities. The next step is to proceed with the process of seeking and obtaining authorisation from the Pre-Trial Chamber of the Court to open an investigation. An alternative route set out in the Statute that could further expedite matters would be for an ICC State Party to refer the situation to my Office, which would allow us to actively and immediately proceed with the Office's independent and objective investigations.

I will also be asking for the support of all States Parties and the international community as a whole as my Office sets about its investigations.  I will be calling for additional budgetary support, for voluntary contributions to support all our situations, and for the loan of gratis personnel. The importance and urgency of our mission is too serious to be held hostage to lack of means.

I will continue to closely follow developments on the ground in Ukraine, and again call for restraint and strict adherence to the applicable rules of international humanitarian law.

If anyone has information relevant to the Situation, this can be submitted to my Office via: otp.informationdesk@icc-cpi.int.

For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.

 

Source: Office of the Prosecutor | Contact: OTPNewsDesk@icc-cpi.int