Comments
On February 28, 2022, ICC Prosecutor, Karim A.A. Khan QC, announced his decision to investigate the situation in Ukraine. Mr. Khan notes that, though Ukraine is not a party to the Rome Statute, "it has twice exercised its prerogatives to legally accept the Court's jurisdiction over alleged crimes under the Rome Statute occurring on its territory, should the Court choose to exercise it." He stated that he has reviewed his Office's preliminary conclusions on the matter and has concluded "that there is a reasonable basis to believe that both alleged war crimes and crimes against humanity have been committed in Ukraine in relation to the events already assessed during the preliminary examination by the Office. He further stated that the investigation will include "any new alleged crimes falling within the jurisdiction of [his] Office that are committed by any party to the conflict on any part of the territory of Ukraine." The Office will now seek permission from the Pre-Trial Chamber to open an investigation.