ICC prosecutor Karim Khan says he will proceed with opening an investigation into the situation in Ukraine as rapidly as possible, a week after expressing concern over Russia’s military invasion of the country.
According to Ukraine, more than 350 civilians, including 14 children, have been killed during the invasion while more than half a million people have fled the country.
Khan noted that whereas Ukraine is not a State Party to the Rome Statute of the International Criminal Court and cannot itself refer the situation to his office, the besieged state has twice exercised its liberty to legally accept the court’s jurisdiction over crimes occurring on its territory.
“The first declaration lodged by the Government of Ukraine accepted ICC jurisdiction with respect to alleged crimes committed on Ukrainian territory from November 21, 2013, to February 22 2014. The second declaration extended this time period on an open-ended basis to encompass ongoing alleged crimes committed throughout the territory of Ukraine from February 20, 2014, onwards,” Khan said in a statement on Tuesday.
His announcement came hours after talks between Russia and Ukraine which sought to reach a ceasefire and get Russia to withdraw forces collapsed on Monday.
Officials from Moscow and Kyiv attended the talks on the border with Russia's strongest ally Belarus.
Ukrainian forces sustained their staunch resistance to halt Russia’s advance toward major cities Monday, including Kyiv.
Khan said he has reviewed the preliminary examination of the situation in Ukraine and found a reasonable basis to proceed with opening an investigation.
“In particular, I am satisfied that there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have been committed in Ukraine,” he said.
“I have already tasked my team to explore all evidence preservation opportunities. The next step is to proceed with the process of seeking and obtaining authorisation from the Pre-Trial Chamber of the Court to open an investigation,” Khan added.
He said he will seek the support of all states and the international community as his office sets about its investigations.
Russia pressed on with its invasion Tuesday and continued targeting residential areas in the Ukrainian city of Kharkiv, defying mounting global pressure and sanctions aimed at its economy.
