International Criminal Court investigation in Ukraine in the context of Prosecutor of the International Criminal Court


International Criminal Court investigation in Ukraine in the context of Prosecutor of the International Criminal Court

⭐ Core Definition: International Criminal Court investigation in Ukraine

The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into "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" during the period starting "from 21 November 2013 onwards", on an "open-ended basis", covering the Revolution of Dignity, the Russo-Ukrainian war including the 2014 annexation of Crimea by Russia, the war in Donbas and the Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022, after receiving referrals for the situation in Ukraine from 39 ICC State Parties. On 1 January 2025, Ukraine became the 125th member of the International Criminal Court.

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International Criminal Court investigation in Ukraine in the context of Russo-Ukrainian War

The Russo-Ukrainian war began in February 2014 and is ongoing. Following Ukraine's Revolution of Dignity, Russia occupied Crimea and annexed it from Ukraine. It then supported Russian paramilitaries who started a war in the eastern Donbas region against Ukraine's military. In 2018, Ukraine declared the region to be occupied by Russia. The first eight years of conflict also involved naval incidents and cyberwarfare. In February 2022, Russia launched a full-scale invasion of Ukraine and began occupying more of the country, starting the current phase of the war, the biggest conflict in Europe since World War II. The war has resulted in a refugee crisis and hundreds of thousands of deaths.

In early 2014, the Euromaidan protests led to the Revolution of Dignity and the ousting of Ukraine's pro-Russian president Viktor Yanukovych. Shortly after, pro-Russian protests began in parts of southeastern Ukraine, while unmarked Russian troops occupied Crimea. Russia soon annexed Crimea after a highly disputed referendum. In April 2014, Russian-backed militants seized towns and cities in Ukraine's eastern Donbas region and proclaimed the Donetsk People's Republic (DPR) and the Luhansk People's Republic (LPR) as independent states, starting the Donbas war. Russia covertly supported the separatists with its own troops, tanks and artillery, preventing Ukraine from fully retaking the territory. The International Criminal Court (ICC) judged that the war was both a national and international armed conflict involving Russia, and the European Court of Human Rights judged that Russia controlled the DPR and LPR from 2014 onward. In February 2015, Russia and Ukraine signed the Minsk II agreements, but they were never fully implemented in the following years. The Donbas war became a static conflict likened to trench warfare; ceasefires were repeatedly broken but the frontlines did not move.

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International Criminal Court investigation in Ukraine in the context of War crimes in the Russian invasion of Ukraine

During the Russo-Ukrainian war (2022–present) starting with the 2022 Russian invasion of Ukraine, the Russian military and authorities have committed war crimes, such as deliberate attacks against civilian targets, including on hospitals, medical facilities and on the energy grid; indiscriminate attacks on densely populated areas; the abduction, torture and murder of civilians; forced deportations; sexual violence; destruction of cultural heritage; and the killing and torture of Ukrainian prisoners of war.

On 2 March 2023, the prosecutor of the International Criminal Court (ICC) opened a full investigation into past and present allegations of war crimes, crimes against humanity, or genocide committed in Ukraine by any person from 21 November 2013 onwards, set up an online method for people with evidence to initiate contact with investigators, and sent a team of investigators, lawyers, and other professionals to Ukraine to begin collecting evidence. Two other independent international agencies are also investigating violations of human rights and of international humanitarian law in the area: the Independent International Commission of Inquiry on Ukraine, established by the United Nations Human Rights Council on 4 March 2022, and the UN Human Rights Monitoring Mission in Ukraine, deployed by Office of the United Nations High Commissioner for Human Rights. The latter started monitoring human rights violations by all parties in 2014 and employs nearly 60 UN human rights monitors. On 7 April 2022, the United Nations suspended Russia from the UN Human Rights Council. By late October, the Ukrainian Prosecutor's office had documented 39,347 alleged Russian war crimes, identified more than 600 suspects, and initiated proceedings against approximately 80 of them.

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