On 8 September, Ukraine has asked the International Criminal Court to extend its jurisdiction over crimes committed on its territory since 20 February 2014. This means that from today the Prosecutor of the ICC can investigate the worst events of the war in Donbass, from dawning of Malaysia flight MH17 to the shelling of civilians.
“This is an essential step to ensure justice for all victims in Ukraine. The Prosecutor of the ICC is now able to investigate not only the Maidan events, but also crimes subsequently committed in other parts of Ukraine,” said Karim Lahidij, president of the International Federation for Human Rights, FIDH.
However, it’s not sure that he will. It’ so far just a theoretical option still far from being realized, at least due to the long ICC procedures. However, this is an important political step in a delicate phase of the peace process. Referring in fact war crimes and serious human rights violations committed in Ukraine – namely in Donbass – from the beginning of the war, collides with one of the fundamental points of the roadmap for peace under the Minsk 2 agreements, the general amnesty for the rebels.
In addition, it implies a second aspect, namely the war crimes committed by the governmental forces in the bombing of Sloviansk, Luhansk and by some volunteers battalions like the Tornado. In some ways, it can be a boomerang.
What’s next?
Ukraine has not yet ratified the Rome Statute of the International Court, which therefore has no jurisdiction over its territory. The request of the authorities of Kiev was made under Article 12(3) of the Statute, which provides for the acceptance of the jurisdiction of a non-party State on a voluntary basis. Previously Ukraine had accepted the court jurisdiction only on crimes committed by Yanukovych during the revolution of Maidan. Now, at least in theory, the ICC may open a file on the downing of Malaysia Boeing – that costed the lives of 298 innocent people –, or begin to investigate cases of POWs torture and summary executions by separatist militias, or the massive use of heavy artillery by Kiev forces on Slaviansk and the bombing of Luhansk.
All in theory. Because, in any case, the jurisdiction of the ICC is always complementary to the local authorities and starts only in the event of inaction by national courts. Investigations on the downing of flight MH17 are currently carried by a Dutch led Joint investigation team and – after the Russian veto on a special court under the UN – it is likely that the case will be taken up by a court in Amsterdam. In addition, the ICC will have to work in cooperation with Ukrainian authorities and it is very likely that their attentions focus on the crimes attributed to the Russian-backed separatist.
It remains to figure out how to reconcile this new move with the amnesty requested by Minsk 2.
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On 8 September, Ukraine has asked the International Criminal Court to extend its jurisdiction over crimes committed on its territory since 20 February 2014. This means that from today the Prosecutor of the ICC can investigate the worst events of the war in Donbass, from dawning of Malaysia flight MH17 to the shelling of civilians.
“This is an essential step to ensure justice for all victims in Ukraine. The Prosecutor of the ICC is now able to investigate not only the Maidan events, but also crimes subsequently committed in other parts of Ukraine,” said Karim Lahidij, president of the International Federation for Human Rights, FIDH.
