They note that such an international tribunal would be able to pierce the veil of head of state immunity.
Several international lawyers have supported this approach. Perhaps the leading proposal is to establish an international or hybrid tribunal under the joint auspices of Ukraine and the United Nations General Assembly. Because of a distinctive feature in its statute, the ICC cannot exercise jurisdiction over the crime of aggression by non-state parties-including Russia.Īs a result, there have been efforts to find an alternative international forum in which to try the crime of aggression. Yet the ICC does not have jurisdiction over what may be the most grave legal violation involved in the invasion: the act of aggression itself. In recent weeks, forty-one countries have referred the situation in Ukraine to the Prosecutor, prompting the ICC’s rapid response. Neither Ukraine nor Russia is party to the Rome Statute, which created the ICC and gives it jurisdiction, but Ukraine submitted to the jurisdiction of the court in 2014 and extended that submission indefinitely. 28, International Criminal Court (ICC) Prosecutor Karim Khan began investigating war crimes and crimes against humanity in Ukraine in the current conflict. 24, the machinery of the international legal system has sprung into action at unprecedented speed.
Since the Russian invasion of Ukraine that began on Feb.
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