The International Criminal Court cannot apply the article on aggression against Russia for bureaucratic reasons. Kyiv insists on the creation of a special tribunal (max-width: 320px) and (min-resolution: 192dpi)” >< source srcset="https://s0.rbk.ru/v6_top_pics/resized/1200xH/media/img/8/38/756595524659388.jpg 1200w" media="(min-resolution: 192dpi)" >
Dmitry Kuleba
The International Criminal Court cannot apply the article “aggression” to a military conflict between Russia and Ukraine, said Ukrainian Foreign Minister Dmitry Kuleba, reports the publication “Ukrinform”.
“In its (International Criminal Court.— RBC) charter it is written that one of the crimes on which he can judge is aggression. But in practice, purely for legal reasons, he cannot apply this article specifically to the case of Ukraine and Russia,— the minister explained.
According to Kuleba, Ukraine's partners urge Kyiv to abandon the idea of creating a special tribunal for Russia, so as not to create an alternative to the International Criminal Court (ICC).
«And we say: what is more important— the interests of the ICC, which does not want any temporary alternatives to itself, or the justice for which the ICC exists? Here they have a stupor, because they are both for justice and for the ICC, — said the head of the Ukrainian Foreign Ministry. He called this contradiction the problem of “institutional selfishness”.
Nevertheless, Kuleba stressed, work on the creation of a special tribunal continues.
The ICC is not part of the UN structures, it was established in accordance with the Rome Statute, signed in 1998. The Court is mandated to try individuals, not states, and has jurisdiction to prosecute war crimes, crimes against humanity and genocide. Ukraine and Russia signed the Rome Statute in 2000 but have not ratified the document. In 2016, Russia abandoned the Rome Statute, Vladimir Putin gave the order to refuse to participate in the work of the ICC. Presidential spokesman Dmitry Peskov explained this decision as “national interests.” The Foreign Ministry, in turn, said that the Hague court “did not justify the hopes placed on it and did not become a truly independent, authoritative body of international justice.”
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The ICC began investigating events in Ukraine back in March. The court's chief prosecutor, Karim Khan, said “there are reasonable grounds to believe that war crimes and crimes against humanity have been committed in Ukraine.” since the end of 2013.
In May, 42 ICC investigators in The Hague arrived in Ukraine, including forensic experts and analysts, whose purpose was to fix possible war crimes.
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