Assessing the Responsibilities of the International Criminal Court in the Investigation ofWar Crimes in Ukraine

被引：1
作者：
Ablamskyi, Serhii [1 ]
Tchobo, Denakpon L. R. [2 ]
Romaniuk, Vitalii [3 ]
Simic, Goran [4 ]
Ilchyshyn, Nadiya [5 ]
机构：
[1] Kharkiv Natl Univ Internal Affairs, Dept Sci Act Org & Intellectual Property Protect, Kharkiv, Ukraine
[2] Case Western Reserve Univ, Sch Law, Dept Int Law, Cleveland, OH USA
[3] Kharkiv Natl Univ Internal Affairs, Dept Criminal Procedure & Org, Pretrial Invest Fac 1, Kharkiv, Ukraine
[4] Univ VITEZ, Fac Law, Int Criminal Law & Transit Justice, Travnik, Bosnia & Herceg
[5] Eights Adm Court Appeal, Kiev, Ukraine
来源：
NOVUM JUS | 2023年 / 17卷 / 02期
关键词：
International Criminal Court; Ukraine; investigation; war crimes; human rights;
D O I：
10.14718/NovumJus.2023.17.2.14
中图分类号：
D9 [法律]; DF [法律];
学科分类号：
0301 ;
摘要：
Ukrainian law enforcement agencies are working in cooperation with the International Criminal Court -ICC and countries that jointly support the ICC to collect evidence of Russia's atrocity crimes in order to hold the alleged perpetrators accountable. The collection of evidence in the situation of Ukraine ever turned into an unprecedented investigation of the likely international crimes committed by Russian armed forces in Ukraine. This study aims to determine the fundamental role and significance of the ICC in a collective investigation of the situation in Ukraine. Knowing that the definition of the term "war crimes" does not exist in the current legislation of Ukraine, this study attempts a correlative analysis of the term "war crimes" in the context of international law and finds that Ukrainian law enforcement agencies and institutions are capable of documenting war crimes committed in Ukraine by the Russian Federation. This suggests that the ICC, in comparison to its previous international investigations, definitively has a wide range of support resources to hold accountable "those most responsible" for alleged war crimes and crimes against humanity, as emphasized in its prosecutorial policy documents.
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收藏
页码：353 / 374
页数：21
相关论文
共 44 条
  • [1] Ablamskyi Serhii, 2020, Journal of Legal, Ethical and Regulatory Issues, V23, P1
  • [2] [Anonymous], 2022, Social news, DOI [10.30525/978-9934-26-229-6-76, DOI 10.30525/978-9934-26-229-6-76]
  • [3] [Anonymous], 2022, Law of Ukraine No. 2108
  • [4] [Anonymous], 1993, CONV PROH DEV PROD S
  • [5] [Anonymous], 2018, Law of Ukraine No. 2469-19
  • [6] [Anonymous], 1968, Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity
  • [7] [Anonymous], 1974, Convention "European Convention on non-applicability of statutory limitation to crimes against humanity and war crimes
  • [8] [Anonymous], 2022, Radio Freedom
  • [9] [Anonymous], Ukraine v. Russian Federation. Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination
  • [10] [Anonymous], 1980, Convention "On the prohibition or restriction of the use of specific types of conventional weapons, which can be considered as causing excessive damage or having an indiscriminate effect
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