International Criminal Accountability for War Crimes in the Ukraine–Russia Conflict: A Juridical Analysis Based on the 1998 Rome Statute

The Russia–Ukraine conflict, which escalated into a full-scale war following Russia’s invasion in February 2022, has triggered unprecedented humanitarian and legal challenges. Reports from the United Nations, human rights organizations, and independent commissions have documented large-scale atrocities, including indiscriminate attacks on civilians, forced deportations, and destruction of civilian infrastructure. These acts may constitute war crimes under the 1998 Rome Statute, which provides the legal foundation for prosecuting individuals responsible for international crimes before the International Criminal Court (ICC). Although Ukraine was not initially a State Party to the Statute, its declarations under Article 12(3) in 2014 and 2015, followed by full ratification in 2024, opened the door for ICC jurisdiction over crimes committed on its territory. This paper examines the extent to which the Rome Statute enables accountability for war crimes in the Ukraine–Russia conflict. It argues that while the Statute offers a strong normative framework for prosecuting such crimes, enforcement remains constrained by political realities, notably Russia’s rejection of ICC jurisdiction and the limitations in executing arrest warrants against sitting heads of state such as President Vladimir Putin. The article concludes that the Rome Statute remains a vital legal instrument for ensuring accountability, but its effectiveness is deeply intertwined with geopolitical dynamics and the willingness of states to cooperate with the ICC.