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The question of the renewal of the International Criminal Court investigation into the situation in Ukraine in respect to the Russian Special Military Operation
 
PIIS199132220029484-8-1
DOI10.61205/S199132220029484-8
Publication type Article
Status Published
Authors
Adu Yao Nikez 
Affiliation: Peoples' Friendship University Named After Patrice Lumumba
Address: Russian Federation,
Journal nameJournal of Foreign Legislation and Comparative Law
Edition
Abstract

The conduct of The Special Military Operation by the Russian Federation (hereinafter referred to as the SMO) in Ukraine has drawn the attention of the International Criminal Court (hereinafter referred to as the ICC). The decision of the ICC to renew investigation on the situation in Ukraine should be considered in the context of the aggravation of relations between the Russian Federation and the European countries, in particular the members of the European Union (hereinafter referred to as the EU), because of the SMO. As consequence, on March, 17th 2023 the ICC issued warrants of arrest President V.V. Putin and The Ombudsman on the rights of the child under the President administration M.A. Lvova-Belova. It should be recalled that the investigation of the “situation” in Ukraine was frozen by the ICC due to the Covid-19 pandemic. However, it should be noted that the ultimate goal of the ICC and the coordinated group of States Parties in the referrals in this case is to make Russian citizens involved in the conduct of the SMO, the military leadership and even the highest officials of the country accountable for their actions in Ukraine without any legal ground. Thus, the purpose of this article is to identify the international legal framework for the protection of Russian citizens in the future from persecution by the ICC. To achieve this goal, the article examines a brief history of the Ukrainian conflict; analyzes the activities of the ICC and its contradictions with existing international legal norms; the lack of international legal grounds for accountability of Russian citizens; analysis of the risks involved as well as the possible solutions for Russia in relation to the situation in Ukraine taking into account the experiences of other actors, particular the US. As a result of the scientific research, the author concludes that the ICC has no legal ground to prosecute Russian citizens due to the fact that Russia is not party to the Rome Statute. To substantiate these arguments, the author relies on the materials and decisions of the ICC and the UN (Statute and court decisions, arrest warrants, Resolutions of the Security Council, etc.), international agreements as well as doctrinal works of Russian and foreign scientists.

KeywordsInternational Criminal Court, Situation in Ukraine, Russian Federation, Special military operation, international legal responsibility, warrants of arrest V.V. Putin and M.A. Lvova-Belova.
Received28.12.2023
Publication date04.03.2024
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