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Human Rights

International Criminal Court opens investigation into alleged war crimes in Ukraine

"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," the prosecutor stated

February 28, 2022 6:27pm

Updated: March 1, 2022 8:34am

The International Criminal Court (ICC) on Monday announced that it will open an investigation into alleged war crimes and crimes against humanity in Ukraine.

"I have decided to proceed with opening an investigation into the Situation in Ukraine, as rapidly as possible," ICC Prosecutor, Karim A.A. Khan QC wrote in a press release.

The ICC released a preliminary examination report of alleged war crimes involving Ukraine and Russia in December 2020. 

"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," the ICC prosecutor stated.

"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," he wrote, without naming Russia.

Ukraine is technically unable to refer the situation to the international court because it is not a state party to the ICC. However, the Ukrainian government has twice before accepted the ICC's jurisdiction over alleged crimes occurring in its territory.

"I will be calling for additional budgetary support, for voluntary contributions to support all our situations, and for the loan of gratis personnel," Khan wrote. "The importance and urgency of our mission is too serious to be held hostage to lack of means."

Khan released a statement on Friday noting that he has "been closely following recent developments in and around Ukraine with increasing concern."

The court's decision comes after Ukraine and its allies called for a United Nations inquiry into war crimes that Russia may have committed during its invasion of Ukraine.

The United Nations Human Rights Council on Monday accepted Ukraine's request for an urgent debate Thursday on Russia's invasion. The body will consider a draft resolution from Ukraine at the urgent debate, according to Reuters

The proposal would create a commission of three independent experts to investigate alleged violations of international law since Russian President Vladimir Putin began his invasion last week, as well as other possible violations in the regions of Crimea, Donetsk and Luhansk since 2014, the outlet stated.