International Criminal Justice at the Russia-Ukraine Crossroads

Abstract

Abstract The international community’s judicial response to the aggression of Russia against Ukraine in February 2022 and to the ensuing conflict is unprecedented in many ways. This article focuses on the investigations into the commission of war crimes and other serious international crimes conducted by Ukrainian authorities, other national authorities, various international bodies and the International Criminal Court (ICC), whose jurisdiction was triggered by a referral by 43 States parties to the ICC Statute. Some critical remarks are offered on the ambivalent relationship between Ukraine and the ICC. Ukraine is not a party to the ICC Statute, but the Court can exercise its jurisdiction by virtue of two ad hoc declarations rendered in 2014 and 2015. Despite the time that has elapsed since these declarations, Ukraine has not yet ratified the Statute and its government seems oriented to exploit the ICC mainly in an anti-Russian perspective. More in general, the huge efforts put in place by the international community in the investigation of international crimes committed in the ongoing conflict in Ukraine are disproportionate when compared to all other situations investigated and are already attracting criticism about selective justice. Such efforts represent on the one hand a potential model for a coordinated intervention in situations where mass atrocities are committed, on the other hand they are likely to remain isolated and confirm the perception that international criminal justice and the ICC are instruments in the hands of a few States.