The Hague based International Criminal Court is launching an inquiry on "the situation in Ukraine" after it received allegations of war crimes committed by the Russian army in Ukraine.
"Today I wish to announce that I have decided to proceed with opening an investigation into the situation in Ukraine, as rapidly as possible," International Criminal Court (ICC) prosecutor Karim Khan said in a statement.
"I am satisfied that there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have been committed in Ukraine" since 2014, he added.
"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."
Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: “I have decided to proceed with opening an investigation.” https://t.co/fhw866dbqg
— Karim A. A. Khan QC (@KarimKhanQC) February 28, 2022
Khan had said last week that The Hague-based court had received many queries "with respect to the crime of aggression" but could not exercise "jurisdiction over this alleged crime" as neither Russia nor Ukraine were signatories to ICC's founding Rome Statute.
"I will continue to closely follow developments on the ground in Ukraine, and again call for restraint and strict adherence to the applicable rules of international humanitarian law," he said on Monday.
Ukraine had in 2014 and in 2015 recognised the ICC's competence to probe alleged crimes during and after the fall of pro-Russian leader Viktor Yanukovych and after the Russian invasion of Crimea, he added.
What are war crimes?
According to the United Nations' Office of Genocide Prevention and and the Responsability to Protect (OGPRP,) the concept of war crimes was first codified under the 1899 and 1907 The Hague Conventions, which focus on the prohibition to warring parties to use certain means and methods of warfare, the 1864 and 1949 Geneva Conventions, which mainly focus on the treatment of prisoners of war and civilians, and others. However there is "no one single document in international law that codifies all war crimes," according to the OGPRP.
Currently 123 state parties recognize the Rome Statute. Apart from the Ukraine and Russia, the US, China and India are among the world's major countries that do not recognize the ICC and only 17 out of the EU's 27 member states underwrote the legitimacy of the court.
'Barbaric, indiscriminate' tactics
The UK government warned Tuesday that Russian President Vladimir Putin and his commanders in Ukraine could face prosecution for war crimes and that Western sanctions would remain "for as long as it takes".
On a visit to Poland, Prime Minister Boris Johnson condemned Putin's "barbaric, indiscriminate" tactics against Ukrainian civilians, after shelling hit one city.
The attack on Kharkiv has destroyed a school and, according to its mayor, killed at least 11 civilians.
Meanwhile, negotiators from Ukraine and Russia ended a first round of talks with no clear breakthrough. Both sides agree to conduct a second round of negotiations "soon".
In a call with French President Emmanuel Macron, Russia's Vladimir Putin reiterated demands that there is a "demilitarisation and denazification" of Ukraine. He also demands the West recognise Russia's claim to annexed Crimea.
(With agencies)
