The International Criminal Court’s prosecutor says he's monitoring Russia’s invasion of Ukraine and has jurisdiction to prosecute war crimes and crimes against humanity. But prosecutor Karim Khan acknowledges he cannot investigate the crime of aggression.
That “ain’t going to happen,” said Brendan Plant, a Fellow of the Lauterpacht Centre for International Law and Downing College at the University of Cambridge, because Russia is one of the council’s veto-wielding permanent members.
Khan said his office “may exercise its jurisdiction over and investigate any act of genocide, crime against humanity or war crime committed within the territory of Ukraine.” That’s because Ukraine, while not a member state, has accepted the court’s jurisdiction. Rights group Amnesty International said Friday that Russia’s invasion was “marked by indiscriminate attacks on civilian areas and strikes on protected objects such as hospitals.”
The ICC was established in 2002 to prosecute individual perpetrators and their commanders responsible for war crimes, crimes against humanity and genocide, in cases where nations are unable or unwilling to hold their own trials. The crime of aggression was added later to the list of offenses in the Rome Statute treaty that founded the court.
Universal jurisdiction is invoked by some nations in cases of war crimes and crimes against humanity, allowing them to prosecute crimes committed outside their own borders.
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