THE INTERNATIONAL CRIMINAL COURT’S ROLE
He has visited the Kyiv region, where civilians were massacred in Bucha, and the Kharkiv region, home to residential neighborhoods in the town of Borodianka devastated by shelling, as well as a home for children in southern Ukraine. But the ICC investigations into international figures are not the only option. War crimes can also be prosecuted in Ukraine’s own courts, as well as a growing number of countries conducting their own investigations.There are also plans to create a new tribunal to prosecute the Russian invasion – which Moscow calls a “special military operation” – as a the crime of aggression. The ICC cannot bring such a charge due to legal constraints.
But trying to hold Russian leaders and commanders accountable for actions committed on their orders will most likely take years.“The more difficult job of trying to build complex aggregate cases which establish the responsibility of those in the higher political and military leadership is a task which still remains to be done,” said Wayne Jordash, leader of the mobile justice teams deployed to support Ukraine’s investigations.
In addition, a United Nations Independent International Commission of Inquiry for Ukraine is collecting and documenting violations of international humanitarian law, to feed into the evidence being collected and shared at Eurojust. This could also could also support cases taken on by the ICC.WHAT IS THE CRIME OF AGGRESSION?
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