The prosecution of international crimes committed in Ukraine before the International Criminal Court: issues of competence, jurisdiction and cooperation mechanisms

Abstract

Due to the war of aggression waged by the Russian Federation in Ukraine, investigations were launched, such as those carried out by the Independent International Commission of Inquiry on Ukraine, which confirmed the commission of international crimes on the territory of the attacked state, including war crimes. This is to be deemed as a highly topical issue that allows us to raise legal considerations regarding the functions and powers attributed to the International Criminal Court (ICC) in prosecuting international crimes committed in Ukraine. With the aim of understanding which possibilities exist for carrying out an effective prosecution before the ICC of those most responsible for the international crimes committed in Ukraine, this paper focuses on examining questions of competence and jurisdiction of the ICC over the situation in Ukraine, as well as on the study of the cooperation mechanisms established between the ICC Office of the Prosecutor and individuals, specialised agencies, and States Parties.