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ICC to seek additional money to pursue Russian war crimes in Ukraine | International Criminal Court

ICC to seek additional money to pursue Russian war crimes in Ukraine |  International Criminal Court

 


Karim Khan, the international criminal court’s prosecutor, will ask Monday for additional money to pursue Russian war crimes in Ukraine, including the possible prosecution of Vladimir Putin for overseeing the abduction of children from Ukraine to Russia.

Khan made his dramatic move against the Russian president last week ahead of a conference in London co-hosted by the UK and the Dutch government aimed at raising money to fund the ICC’s war crimes investigative work inside Ukraine. The ICC’s budget has not increased even though there are 40 investigators working inside Ukraine.

The order to seize Putin’s title could also temper growing demands from inside Ukraine and some international law experts for the creation of a special court to deal with the broader crime of aggression by Russia.

Khan, a British judge, has always insisted that the ICC has the necessary powers to prosecute the Russian leadership’s role in the war. However, critics say an accountability gap remains and that a special court would be a more effective tool as it would not need to prove a causal link between specific war crimes and the Russian leadership class.

More than 40 countries are participating in the conference organized by UK Deputy Prime Minister Dominic Raab and Dutch Minister for Justice and Security Dilan Yeilgz-Zegerius. The UK is providing an additional 395,000 to fund the work of the ICC.

Denys Maliuska, Minister of Justice of Ukraine, and Andriy Kostin, Prosecutor General of Ukraine, will attend. They do not believe that the ICC’s initiative on child abduction last week eliminates the need for a special court. A conference in Lviv on March 3 changed the terms of reference of a seven-nation joint Ukraine war crimes investigation team to provide a future role for a new international center for the prosecution of the crime of aggression against Ukraine.

Some leading countries, including Great Britain, have not yet backed the idea of ​​a special court, fearing it could undermine the still-nascent work of the ICC.

The turf war between the ICC and advocates for a special tribunal became more serious when EU Commission President Ursula von der Leyen said she supports a dedicated court.

By March 4, she reiterated her support for a court, while adding that she supported the work of the ICC.

The ICC’s decision to prosecute Putin has little immediate practical impact since Russia is not a signatory to the Rome Statute and does not recognize the court’s authority. In theory, signatory countries would be obliged to arrest Putin if he stepped foot on their soil. Putin does not travel widely, but will attend a Brics summit of Brazil, Russia, India, China and South Africa in South Africa this summer.

A spokesman for South African President Cyril Ramaphosa said on Sunday he was aware of his responsibilities.

We as a government are aware of our legal obligation. However, between now and the summit we will remain engaged with various stakeholders, said Vincent Magwenya.

In practice, South Africa has ignored arrest warrants in the past, including one for former Sudanese president Omar al-Bashir, who visited the country in 2015.

Sources

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2/ https://www.theguardian.com/law/2023/mar/20/icc-russian-war-crimes-ukraine-international-criminal-court-karim-khan

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