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On the Issue of Resuming the Investigation of the Situation in Ukraine by the International Criminal Court
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On the Issue of Resuming the Investigation of the Situation in Ukraine by the International Criminal Court
Abstract
PII
S1991-32220000622-3-1
DOI
10.61205/S199132220029484-8
Publication type
Article
Status
Published
Authors
Yao Nikez Adu 
Occupation: Associate Professor, Department of Theory and History of International Relations, Faculty of Humanities and Social Sciences, RUDN University; Associate Professor, Department of Theory of State and Law and Constitutional Law, Faculty of Law, Orenburg State
Affiliation:
Peoples' Friendship University of Russia named after Patrice Lumumba
Orenburg State University
Address: Moscow, Orenburg, Russia
Edition
Volume 20 No. 2
Pages
105-113
Abstract

The conduct of the Special Military Operation by the Russian Federation in Ukraine has not been ignored by the International Criminal Court. The decision of the International Criminal Court to resume the investigation of the situation in Ukraine (the investigation was previously suspended due to the coronavirus pandemic) should be considered in the context of the aggravation of relations between Russia and European countries, in particular members of the European Union, in connection with a special military operation. On March 17, 2023, the International Criminal Court issued an arrest warrant for Russian President V. V. Putin and the Commissioner for Children̓s Rights under the President of the Russian Federation, M. A. Lvova-Belova. According to the author, the ultimate goal of the International Criminal Court and a number of countries in this case is the possibility of bringing Russian citizens, participants in a special military operation, the military leadership and senior officials of the country to international legal responsibility without international legal grounds for this.

The purpose of the study is to identify the international legal foundations, mechanisms and means of protecting Russian citizens in the future from prosecution by the International Criminal Court. To achieve this goal, a brief history of the Ukrainian conflict is considered; an analysis of the activities of the International Criminal Court and its contradictions with existing international legal norms is carried out; the absence of international legal grounds for bringing Russian citizens to international legal responsibility is shown; The risks are analyzed, as well as possible ways out of the situation, taking into account the experience of other countries, in particular the United States.

Conclusion: The International Criminal Court is not authorized to prosecute Russian citizens, since Russia does not participate in the Rome Statute. To substantiate his arguments, the author relies on materials and decisions of the International Criminal Court and the United Nations, existing international treaties, and the doctrines of Russian and foreign scientists.

Keywords
International Criminal Court, special military operation, international legal responsibility, warrants of arrest
Date of publication
19.04.2024
Number of purchasers
3
Views
62
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0.0 (0 votes)
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