Numerous atrocities have taken place during the three-month-long Russian invasion of Ukraine. 

As the invasion has progressed, the ICC (International Criminal Court) has taken notice and has begun collecting evidence to prove that Russia, more specifically Putin, has committed war crimes.

In order to understand how this trial will take place, one must first understand what the ICC is.

ICC

According to a document released by the ICC, “The International Criminal Court is a permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and

the crime of aggression.”

The ICC was created as a result of the Nuremberg and Tokyo tribunals which took place shortly after WW2

The Court is located in The Hague in the Netherlands, but the trials can take place anywhere judges deem necessary.

The court can only prosecute individuals, not states or groups.

This limits the total amount of people that can be charged with crimes.

The ICC is meant to be a last resort, meaning that it cannot replace the jurisdiction of a nation.

It is used as a way to prosecute those who may not be prosecuted otherwise.

Current application

As the Russian invasion drags on, the ICC has taken notice and has begun collecting evidence to build a case. 

The chief prosecutor Karim Kahn has traveled to Ukraine to investigate the possibility of war crimes and crimes against humanity that have taken place during this invasion.

“Individuals have rights to have their interests vindicated and for justice to prevail,” Khan said.

“That can only take place if evidence is independently and impartially collected and assessed and then in due course, decisions can be made regarding whether or not there’s criminal responsibility, and then the judges ultimately will decide.”

This may seem like a step in the right direction, however, Russia does not accept the jurisdiction of the ICC.

Russia signed, but never ratified, the Rome Statute ( the statute that gives the ICC its power) and withdrew its signature in 2016.

Russia essentially withdrew its signature in a symbolic attempt to undermine the court.

Without Putin’s cooperation, the ICC will be unable to bring perpetrators to justice, including Putin himself.

Ukraine also has not signed the Rome statute, but they have agreed to work with the ICC and assist in any investigations they may need.

This characterizes international justice, the international courts remain deeply dependent on the governments and political elites they seek to hold accountable for human rights violations.

Even though an unprecedented amount of countries have agreed Russia is in need of prosecution, the ICC is left essentially useless in these matters if the individuals involved don’t act appropriately.

It may have seemed that there was a glimmer of hope, but as of now, it does not seem anything will come of these investigations.