It is estimated that since 2014, the conflict resulted in more than 40 000 casualties. It has been reported that as of 2020, more than 3300 civilians lost their lives as a result of the conflict and the number of injured civilians exceeds 7000. It is in the interest of the international community to ensure that victims of international crimes obtain justice and reparations and perpetrators of atrocities fair trial and just sentence.
Procedural history of the Situation in Ukraine at the ICC
On 17 April 2014, Ukraine lodged a declaration under Art. 12(3) of the Rome Statute of the International Criminal Court, accepting the jurisdiction of the ICC over alleged crimes committed on its territory from 21 November 2013 to 22 February 2014 (the Maidan events). On 8 September 2015, Ukraine lodged a second declaration under Art. 12(3) of the Statute accepting the exercise of jurisdiction of the ICC in relation to alleged crimes committed on its territory from 20 February 2014 onwards, with no end date.
On 25 April 2014, the Office of the Prosecutor of the ICC opened a preliminary examination into the situation in Ukraine, which is currently ongoing and focuses on the Maidan events, as well as on the alleged crimes occurring after 20 February 2014 in Crimea and eastern Ukraine. It is estimated that a number of investigations in this regard have been opened in Ukraine (in addition to the MH17 trial in the Netherlands and proceedings in other States).
The exigence and the need for the Project
The Office of the Prosecutor has reported in its 2018 report that is it analysing the subject matter jurisdiction with a view to assessing admissibility as appropriate. For this purpose, the Office of the Prosecutor continues to gather information on relevant national proceedings. The preliminary examination by the Office of the Prosecutor has been concluded on 11 December 2020. The Office concluded that there was a reasonable basis to believe that war crimes and crimes against humanity were committed and that that the potential cases that would likely arise from an investigation into the situation in Ukraine would be admissible.
It is in this regard that the Platform attempts to provide a comprehensive Report on relevant domestic criminal cases that could contribute to the assessment of the admissibility of criminal cases before the ICC. It is estimated that since 2014, the conflict resulted in more than 40 000 casualties (including regular armed forces, armed groups and foreign fighters and civilians). It has been reported that as of 2020, more than 3300 civilians lost their lives as a result of the conflict and the number of injured civilians exceeds 7000. It is in the interest of the international community to ensure that victims of international crimes obtain justice and reparations and perpetrators of atrocities fair trial and just sentence.
About the Project
In October 2020, the Platform has launched a project focusing on international crimes committed during the occupation of Crimea and eastern Ukraine. The project prepares a study titled “The admissibility of criminal cases before the International Criminal Court related to the situation in occupied Crimea and eastern Ukraine”.
The project is mapping domestic criminal cases involving international crimes. It aims to select allegations of international crimes warranting investigation by the Office of the Prosecutor of the International Criminal Court (ICC) by answering to what extent is Ukraine willing, able and active in trying these criminal cases.
Events
Webinar: Crimes against humanity committed during the Maidan revolution
Speakers:
- Olexandra Matviychuk, Head of the Board at Center for Civil Liberties
- Vitaliy Tytych, Senior partner at Vitaliy Tytych & Partners and founder of Advocacy Advisory Panel (Heavenly Hundred’s Lawyers)
- Oleksandr Pavlichenko, Executive Director of Ukrainian Helsinki Human Rights Union
Moderator:
- Rastislav Šutek, Executive Director at Platform for Peace and Humanity
Webinar: War crimes and crimes against humanity in occupied Crimea
Speakers:
- Maria Tomak, a Ukrainian human rights activist, journalist, researcher, coordinator and co-founder of the Media Initiative for Human Rights
- Iryna Bartsytska, the Head of the Department for International Legal Cooperation in the Prosecutor’s Office of the Autonomous Republic of Crimea and the City of Sevastopol
Moderators:
- Rastislav Šutek, Executive Director at Platform for Peace and Humanity
- Snizhana Romashkin, Project Coordinator at Platform for Peace and Humanity
Webinar: Hostilities in eastern Ukraine
Speakers:
- Stefan Ziegler, Former Head of Reporting in the OSCE Hub in Donetsk
- Varvara Pakhomenko, Former Geneva Call’s Head of Mission in Ukraine
- Zera Kozlyieva, Deputy Head of the Department for Supervision in Criminal Proceedings for Crimes Committed in the Conditions of Armed Conflict at the Prosecutor General’s Office of Ukraine
- Konstantin Karaman, First Deputy Head of the Luhansk Regional Prosecutorʹs Office
Moderators:
- Rastislav Šutek, Executive Director of Platform for Peace and Humanity
- Agata Kleczkowska, Assistant Professor at the Instytut Nauk Prawnych PAN (Institute of Law Studies of the Polish Academy of Sciences)
Webinar: Seeking justice for MH17 downing
Speakers:
- Piet Ploeg, Chairman of Stichting Vliegramp MH17
- Eliot Higgins, Founder and creative director of Bellingcat
Moderator:
- Rastislav Šutek, Executive Director at Platform for Peace and Humanity
Webinar: The International Criminal Court and the Situation in Ukraine
Speakers:
- Paolina Massidda, Principal Counsel of the Independent Office of Public Counsel for Victims at the ICC
- Dmytro Suprun, Counsel of the Independent Office of Public Counsel for Victims at the ICC
- Anna Neistat, Legal Director of The Docket Initiative at the Clooney Foundation for Justice
Moderator:
- Rastislav Šutek, Executive Director at Platform for Peace and Humanity