On 17 April 2014, the Government of Ukraine lodged a declaration under Article 12(3) of the Rome Statute accepting the jurisdiction of the International criminal Court (ICC) over alleged crimes committed on its territory from 21 November 2013 to 22 February 2014.

Upon receipt of a referral or a declaration made by a state pursuant to Article 12(3) of the Rome Statute, the Office of the Prosecutor, as a matter of policy, opens a preliminary examination of the situation at hand. Accordingly, the Prosecutor of the ICC, Fatou Bensouda, has decided to open a preliminary examination into the situation in Ukraine in order to establish whether the Rome Statute criteria for opening an investigation are met.  Specifically, under Article 53(1) of the Rome Statute, the Prosecutor shall consider issues of jurisdiction, admissibility and the interests of justice.

For further information, see the OTP Policy Paper on Preliminary Examinations (2013).