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 dynamic evolution of international criminal law (ICL) as a field that connects different branches and levels of law, requires accurate deliberation. International justice is a crucial way to ensure 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 17 March 2023 for forced population transfer which is an international crime under the Rome Statute. The present paper 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 ICJ and ECtHR. Although the issuance of two arrest warrants in the context of Ukraine situation is in itself a positive step toward the fortification of international criminal justice, the implementation of such arrest warrants specifically regarding the President of the Russian Federation seems to be very problematic. However, in spite of challenges faced by the ICC in this situation, issuance of the arrest warrant has revealed a very important reality according to which international criminal justice does not exempt the president of a permanent member of the UN Security Council. Furthermore, although lawsuits against Russia by Ukraine at both fora that is the ICJ and ECtHR are legally positive steps to stop a war of aggression and restore the international peace and security through international law, they are faced with challenges such as time and compliance.

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Iranian Journal of International and Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 04 January 2024

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