Міжнародний кримінальний суд: досвід України

This article explores the activities of the International Criminal Court (ICC) in the context of the armed conflict between the Russian Federation and Ukraine. The main content includes an analysis of the ICC’s jurisdiction, its role in investigating war crimes, and Ukraine’s cooperation with the Court. The authors note that in recent decades, armed conflicts have led to numerous violations of international humanitarian law, classified as genocide, war crimes, and crimes against humanity. The UN Secretary-General and the UN General Assembly emphasize the importance of accountability for such violations and the need for effective investigations. However, a significant number of such crimes remain unpunished. The article examines the chronology of Russian aggression against Ukraine, starting in 2014, including the annexation of Crimea and subsequent military actions in Donbas, as well as Russia’s full-scale invasion in 2022. The importance of international condemnation of these actions is highlighted, particularly through UN General Assembly resolutions. The article also points to documented war crimes committed by Russia in occupied territories, which fall under the ICC’s jurisdiction according to Articles 6, 7, 8, and 8 bis of the Rome Statute. A separate section discusses the ICC’s jurisdiction over crimes committed on Ukrainian territory and the mechanisms of cooperation between Ukraine and the Court. Ukraine, not being a state party to the Rome Statute, used the mechanism of accepting the ICC’s jurisdiction by submitting relevant declarations in 2014 and 2015. This allowed the ICC to initiate a preliminary investigation, which developed into a full-fledged criminal proceeding in 2022. A significant step in this process was Ukraine’s adoption of the Law on Cooperation with the ICC, which established legal mechanisms for such interaction. The article also analyzes the activities of the ICC Prosecutor’s Office, which has repeatedly sent missions to Ukraine to collect evidence, as well as the role of international partners in documenting war crimes. It is noted that ICC investigations are conducted in coordination with national judicial bodies, as the ICC has a complementary, rather than substitutive, role concerning national judicial systems. Special attention is given to the need to establish a special international tribunal to investigate the crime of aggression by the Russian Federation. This issue remains on the international agenda, as the crime of aggression is one of the key aspects of the armed conflict.