What is ICC? Why is it investigating Russia-Ukraine War?
So yesterday when I read that the ICC had announced that they had launched an investigation into the possible war crimes in Ukraine, a lot of questions buzzed in my head:
First: What is the ICC and what do they do?
Next: It's been a week since this invasion by Russia began. So, if they really are who they are, why exactly are they 'investigating' this TODAY?? Like, the world has changed in the last 7 days!
Third: Will Russia or Ukraine really care? What happens to the companies who have broken years of partnerships and suffered millions of losses in the last week itself? Will they get some compensation?
So, here is what I found:
The ICC stands for International Criminal Court, and is the world's first permanent criminal court governed by an international treaty called the Rome Statute. The International Court which operates from the Netherlands, complements the national courts and aims to hold accountability over those who are responsible for crimes.
It generally investigates and tries 'individuals' against 4 types of international crimes:
- Genocide (eg: in June 2005 in Sudan)
- War crimes (eg: Congo and Uganda in 2004, Sudan in 2005, Africa in 2007, Libya in 2011)
- Crimes against humanity (Congo and Uganda in 2004, Sudan in 2005, Africa in 2007, Kenya in 2010) and
- The crime of aggression.
NOW, WHAT IS THE UKRAINE ATTACK CLASSIFIED AS?
In Ukraine, over 350 people have been killed and 1,600 have been injured; but Ukraine claims the figure is far higher. Also, the UN has said that over 1 million people have fled Ukraine to save their lives in this crisis. Now, the ICC has been collecting evidence of this crisis and as per the statement of the ICC Chief Karim Khan, he has found evidence that the Russian military is committing war crimes and crimes against humanity in Ukraine. Russia has fatally attacked civilians and used ammunitions over civil infrastructure and that classifies as committing war crimes and crimes against humanity.
NOW, WHAT ARE WAR CRIMES AND CRIMES AGAINST HUMANITY?
War crimes include wilful killing, wilfully causing great suffering, extensive destruction, and appropriation of property, as well as intentionally targeting civilian population or objects.
Crimes against humanity include murder 'committed as part of a widespread or systematic attack directed against any civilian population'.
SO, CAN ICC INVESTIGATE RUSSIA?
The ICC can investigate these issues if either of the 4 conditions are satisfied:
- Crimes were committed by a State Party national (meaning a member of the ICC, which is not possible here)
- Crimes were committed in the territory of a State Party (again not possible)
- Crimes were committed in a State (who is not a member) but has accepted the jurisdiction of the Court (Ukraine has accepted this in the past, hence ICC is using this as a way out), or
- Crimes were referred to the ICC Prosecutor by the United Nations Security Council (UNSC) after a resolution was adopted under the UN charter (this is not possible as Russia is a permanent member of the UN Security Council and has the power to veto, i.e, to say NO)
Ukraine is not a party to the Rome Statute and hence cannot complain about the invasion to ICC. Russia had withdrawn from the ICC back in 2016 after its annexation of Crimea. Plus, it will never go to the ICC itself. So, how can the ICC rule over issues in countries that are not its members?
Well, the prosecutor has mentioned that since in the past Ukraine has accepted jurisdiction of the ICC over other matters which affected Ukraine's own country, ICC can investigate in matters happening in Ukraine.
SO, WHAT INSTIGATED THE INVESTIGATION?
Recently, ICC prosecutor Karim Khan began investigations into the Russia-Ukraine matter after a request was forwarded by the Lithuanian government and supported by 38 other countries (that are parties to the Rome Statute) who petitioned the ICC to begin an investigation.
EVIDENCE
Any trial and investigation needs evidence and the team has been finding them to prove the inhumanity of Russian attacks. The prosecutor has received evidence of "cluster bombs" that were used to target commoners, and a footage of an attack on a car park in the Ukrainian city of Kharkiv. This showed a cluster bomb strike in a residential area while residents were walking nearby.
Drone footage taken in the course of days showed multiple blackened spots on dilapidated or demolished buildings, evidently proving that they were struck by Russian bombs.
NOW, WHAT'S THE PROCESS?
After the crimes committed are reported to the ICC, ICC has a 6-stage process:
- Preliminary investigation
- Investigation
- Pre-trial stage
- Trial stage
- Appeals
- Enforcement of sentence
WILL PUTIN BE ARRESTED? (WE DON'T THINK SO)
Russian President Vladimir Putin will face charges for crimes against humanity, especially directed at civilians and the accusations could also include genocide, demolition of infrastructure, property, town, villages and significant religious buildings.
The probe shall then culminate in either a decision to scrap prosecution or proceed with a strong case against alleged perpetrators, leading to the issuance of arrest warrants, which is a strong possibility.
But since Russia does not accept the jurisdiction of the ICC, this arrest is far-fetched, given that executing orders in Russia will be a problem. Who would arrest Putin and get him to trial in his own country? This would probably happen if he is removed from office and extradited by a new Russian regime with more cordial relations with the international community.
Following international law is actually a matter of voluntary choice for member nations and clearly, Russia has no respect for it. Though what happens after international courts declare their verdict is really not something we can comprehend, Putin might win the short-term game. But he might lose the long-term game in exchange for Ukraine, as more and more sanctions come upon him and his countrymen.