Thread by @astroehlein

38 governments have asked the International Criminal Court (ICC) prosecutor to open an investigation in #Ukraine.

Quick thread...

On February 28, the ICC prosecutor, Karim Khan, signaled his intention to seek to open a formal inquiry.

On March 2, a group of ICC member countries referred the situation in Ukraine to the court’s prosecutor for investigation.

The referral essentially speeds things up.

With a referral to the court by ICC member countries, the prosecutor’s office can open an investigation without first seeking approval of a panel of the court’s judges.

After receipt of the referral, ICC prosecutor Khan announced that his office would immediately proceed with a #Ukraine inquiry.

The request for an ICC investigation reflects the growing alarm among countries about the escalating atrocities and human rights crisis that has gripped Ukraine.

Human Rights Watch and others have documented serious violations of the laws of war by Russian forces in #Ukraine...

Violations by Russian forces include the use of cluster munitions that hit a hospital:
hrw.org/news/2022/02/2…

and a preschool: amnesty.org/en/latest/news…

According to the United Nations, civilian casualties from the first days of the conflict are at 536, including 136 deaths.
reuters.com/world/un-repor…

Note that, irrespective of any self-proclaimed label, under international law, including the Geneva Conventions, Russian troops in #Ukraine are an occupying force.

But, of course, ALL parties to a conflict have obligations under the laws of war, and the prosecutor can look into actions by all sides.

Ukraine is not a member of the ICC, but it accepted the court’s jurisdiction over alleged crimes committed on its territory since November 2013, and in doing so, the obligation to cooperate with the court.

Russia is also not a member of the ICC, but under the court’s rules governing its jurisdiction, the ICC prosecutor has a mandate to investigate allegations of crimes committed in Ukraine by ALL parties to the conflict, regardless of the nationality of those allegedly responsible.

The ICC’s jurisdiction in #Ukraine covers genocide, crimes against humanity, and war crimes.

Liability for these crimes is not limited to those who carry out the acts, but also those who order, assist, or are otherwise complicit in the crimes.

That includes liability on the basis of command responsibility, meaning...

...military & civilian officials, up to the top of the chain of command, can be held criminally responsible for crimes committed by their subordinates; when they knew or should have known that such crimes were being committed, but failed to take reasonable measures to stop them.

Note that, given that neither Ukraine nor Russia are members of the ICC, the court does not have jurisdiction over the crime of aggression in this situation.

asp.icc-cpi.int/en_menus/asp/c…

The ICC’s mandate relates to cases against individual alleged perpetrators while the International Court of Justice (ICJ) considers disputes between states.

On February 26, Ukraine filed an application at the ICJ to initiate proceedings against Russia under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention).

That case is “state-to-state” litigation governed by legal provisions in the UN Charter, the ICJ Statute, and the Genocide Convention. The ICJ will hold public hearings in the case between March 7 and 8 on Ukraine’s request for provisional measures.

I've seen some confusion out there on Twitter about the role and mandate of these two international courts - the ICC and ICJ - so it's worth emphasising these are two different things. (They're both based in The Hague, which probably adds to the confusion, I guess.)

More on the ICJ here:
icj-cij.org/en/frequently-…

OK, back to the International Criminal Court (ICC). The new referral is significant step in another way as well: ensuring documentation of potential war crimes.

The ICC prosecutor tasked his office to explore all opportunities to preserve evidence for a Ukraine investigation.

Obviously, cases at the ICC won't start overnight, but this collection and protection of evidence of serious crimes is essential.

Separately, the UN Human Rights Council (UNHRC) is set to vote this week during an urgent debate on the situation in Ukraine on a draft resolution that would create a commission of inquiry.

Such a commission of inquiry would document serious human rights violations, preserve evidence, and identify alleged those responsible for serious crimes.

Documentation efforts will be vital to both international and domestic accountability processes, including by national judicial officials under the principle of "universal jurisdiction".

"Universal jurisdiction" refers to the authority of national judicial systems to investigate and prosecute certain of the most serious crimes under international law no matter where they were committed, and regardless of the nationality of the suspects or their victims.

Cases brought under "universal jurisdiction" are an increasingly important part of international efforts to hold those responsible for atrocities accountable, provide justice to victims who have nowhere else to turn, and deter future crimes.

They also help ensure that countries do not become safe havens for war criminals and other human rights abusers.

There's a very good recent example of universal jurisdiction at work: the conviction of a former Syrian intelligence officer for crimes against humanity by a German court was a ground-breaking step toward justice for serious crimes in Syria.

More here: hrw.org/news/2022/01/1…

So, there are a lot of different paths to justice for the victims of serious crimes in #Ukraine. The ICC referral is a critical one, but not the only one.

Governments committed to justice in Ukraine should support and bolster all these initiatives.

For more, read this: hrw.org/news/2022/03/0…

"quick thread" 🙄 Sorry not sorry.