Ukraine Situation from the Perspective of International Criminal Law: ICC and Beyond

Karami, Mousa; Zandi, Reyhaneh; Givkey, Azar

doi:10.22091/ijicl.2023.9852.1075

Ukraine Situation from the Perspective of International Criminal Law: ICC and Beyond

Document Type : Original Article

Authors

¹ Ph. D. Candidate in Public International Law, Faculty of Law, University of Qom, Qom, Iran

² Ph. D. in International Law and University Lecturer, Tehran, Iran

10.22091/ijicl.2023.9852.1075

Abstract

The ever-evolving landscape of International Criminal Law (ICL), as a field that connects different branches and levels of law, requires meticulous deliberation. Establishing international justice is a crucial step in ensuring that all perpetrators are held accountable. The International Criminal Court (ICC/the Court) has issued two arrest warrants against the President and Commissioner for Children’s Rights of the Russian Federation, on March 17, 2023, for their involvement in forced population transfer which is an international crime under the Rome Statute. This research article seeks to explore the Ukraine situation from the perspective of ICL and examine the arrest warrants issued by the ICC against Russian authorities. Additionally, it briefly addresses the Ukraine’s lawfare against Russia at the International Court of Justice (ICJ) and the European Court of Human Rights (ECtHR). While the issuance of the arrest warrants is in itself a positive step toward the fortification of international criminal justice, the implementation of these warrants specifically regarding the President of the Russian Federation seems to be very problematic. Nevertheless, in spite of the challenges faced by the ICC in this situation, issuance of the arrest warrants reveals a significant reality: international criminal justice does not exempt even the president of a permanent member of the UN Security Council. Furthermore, the legal actions taken by Ukraine against Russia at both the ICJ and ECtHR are legally positive steps towards halting aggression and restoring international peace and security through international law. However, these actions face challenges such as time constraints and compliance.

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