ICC prosecutor to open investigation into war crimes in Ukraine

The chief prosecutor of the International Criminal Court said on Monday that he plans to open a probe into possible war crimes and crimes against humanity in Ukraine.

Prosecutor Karim Khan said the probe will look at alleged crimes committed before the Russian invasion, but added that “given the expansion of the conflict in recent days, it is my intention that this investigation will also encompass any new alleged crimes falling within the jurisdiction of my office that are committed by any party to the conflict on any part of the territory of Ukraine.”

A preliminary probe into crimes linked to the violent suppression of pro-European protests in Kyiv in 2013-2014 has already been conducted by the court. 

In December 2020, the then-ICC Prosecutor Fatou Bensouda said the investigation had uncovered indications that “a broad range of conduct constituting war crimes and crimes against humanity within the jurisdiction of the Court have been committed” in Ukraine.

The court’s prosecutors have, however, had not yet sought permission from judges to open a full-scale investigation.

Khan said in the statement that he will now open the investigation envisaged by his predecessor. He will broaden it to include crimes that have been committed in fighting since the Russian invasion of Ukraine last week.

For those unversed, Russia launched a full-scale invasion of Ukraine on February 24. 

President Volodymyr Zelenskyy said on Monday that all Ukrainian convicts with combat experience will be released to help fight Russians who have invaded the country. Zelenskyy said the decision was “not easy from the moral point of view”, but was justified from the nation’s defense standpoint.

Zelenskyy also urged the EU to grant Ukraine membership “via a new special procedure.”

“We appeal to the European Union for the immediate accession of Ukraine via a new special procedure. Our goal is to be together with all Europeans and, most importantly, to be on an equal footing,” Zelensky said.”I’m sure it is fair. I’m sure it is possible.”