EXPLAINED | Russia-Ukraine Crisis: How & Where Wars are prosecuted

As the situation remains tense between Russia and Ukraine, the International Criminal Court has assigned the situation to its Pre-Trial Chambers - II to decide the question - whether to initiate the probe in this regard or not.

The action came in after Chief Prosecutor Karim A. A. Khan QC submitted a memorandum on March 1 informing the Presidency of his intention to submit a request for an authorisation to open an investigation into this situation.

But, What is the International Criminal Court?

The International Criminal Court, also referred to as "The Court" or "ICC", is tasked with investigating and, where warranted, trying individuals charged with the gravest crimes of concern to the international community. 

The ICC, which works under the Rome Statute (founding treaty) is granted jurisdiction to prosecute crimes which are - genocide, war crimes, crimes against humanity and the crime of aggression. Currently, the ICC is staffed with around 900 members from 100 states across the globe. 

What are War Crimes?

War crimes are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes.

What happened so far in ICC with regard to the Russia-Ukraine Conflict?

On Wednesday, March 2, the International Criminal Court's Presidency assigned the situation in Ukraine to its Pre-Trial Chambers - II to decide the question - whether to initiate the probe in this regard or not.

The action from the ICC Presidency came in after Chief Prosecutor Karim A. A. Khan QC submitted a memorandum on March 1 informing the Presidency of his intention to submit a request for an authorisation to open an investigation into the war situation.

Khan in a statement issued on March 2 said, "Today, I can confirm that, my Office has received referrals of the Situation in Ukraine from the 39 ICC States Parties and 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."

Throwing light on the preliminary probe with regard to the ongoing crisis, the Chief Prosecutor said, "...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."

He added that he seeks to engage with all relevant stakeholders and parties to the conflict, ensuring that investigations by his Office are conducted objectively and independently, with full respect for the principle of complementarity. 

"In doing so, we will remain focussed on our core objective: ensuring accountability for crimes falling within ICC jurisdiction...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," the statement said. 

Now, a three-judge bench of the Pre-Trial Chambers - II of the ICC presided by Judges Antoine Kesia-Mbe Mindua, Tomoko Akane and Rosario Salvatore Aitala will decide whether or not to open a full-fledged probe in this regard. 

In a statement, ICC on March 2 said, "The Prosecutor has notified the judges of his intention to submit a request under Article 15(3) of the Rome Statute seeking authorisation to open an investigation into the Situation in Ukraine with respect to alleged war crimes and crimes against humanity in Ukraine from 21 November 2013 onwards."

Russia had started bombing the Zaporizhzhia nuclear power plant on day 9 of the Russia-Ukraine war. It is Europe's largest nuclear power plant and has already caught fire. Ukraine's Foreign Minister Dmytro Kuleba has warned that if the Zaporizhzhia Nuclear power plant 'blows up, it will be 10 times larger than Chernobyl'. Ukraine's President Volodymyr Zelensky called for a ceasefire in an emergency address. In response to the said attack, the US embassy in Ukraine stated that it is a 'war crime to attack a nuclear power plant' and says Vladimir Putin's 'reign of terror' has been taken one step further. 

Image: AP