Prospects For Ukraine In The International Criminal Court

What You Need To Know:

✅ The International Criminal Court is ‘far from making a decision on whether to open an investigation in Ukraine’, according to a senior law expert and analyst at the organization.

✅  Emeric Rogier: "Our preliminary conclusions regarding crimes during the Maidan acknowledge serious human rights abuses were committed. However they are not considered widespread or systematic, thus failing to qualify as crimes against humanity."

✅  The ICC has also gathered evidence on the alleged crimes committed in Crimea and eastern Ukraine and is currently assessing whether these events fall under their jurisdiction.

The International Criminal Court in the Hague published its annual report on November 14, raising interest to the situation in Ukraine. The document presents preliminary findings with respect to three separate events; the ‘Maidan’ as well as Crimea and Eastern Ukraine (since February 20, 2014). Emeric Rogier, Head of Situation Analysis Section at the Office of the Prosecutor within the ICC says that it is a work in progress and the Court is ‘far from making a decision on whether to open an investigation in Ukraine.’

Regarding alleged crimes committed during the Euromaidan uprising and 2014 Ukrainian Revolution, the preliminary conclusion acknowledged serious human rights abuses were committed. However, the ICC report states they are not considered ‘widespread’ or ‘systematic’ and therefore fail to qualify as crimes against humanity.

Hromadske’s Volodymyr Solohub spoke to Emeric Rogier, Head of Situation Analysis Section at the Office of the Prosecutor of the ICC via Skype in November 2016.

“Our assessment was that alleged crimes committed would not fall within the jurisdiction of the ICC,” says Rogier. The Court has since received more evidence, which could allow for them to revisit these conclusions.

The ICC has gathered evidence on the alleged crimes committed in Crimea and Eastern Ukraine and is assessing whether these events fall under their jurisdiction.

“Based on the factual circumstances, the law of international armed conflict would apply in Crimea,” says Rogier.

While the Office of the Prosecutor at the ICC has been working in cooperation with Ukraine and its office, Rogier says there is ‘no discussion and no plan to conduct a joint investigation or to bring a case together against anyone.’ The ICC welcomes the cooperation of the Ukrainian government and civil society but insists it remains fully independent in its analysis.