Ukraine

Situation in Ukraine

ICC-01/22

Investigation

Situation referred to the ICC by 43 States Parties: March - April 2022

ICC investigations opened: 2 March 2022

Focus: Alleged crimes committed in the context of situation in Ukraine since 21 November 2013 

Current regional focus: Ukraine

Information for Victims

Jurisdiction in the general situation

Ukraine is not a State Party to the Rome Statute, but it has twice exercised its prerogatives to accept the Court's jurisdiction over alleged crimes under the Rome Statute occurring on its territory, pursuant to article 12(3) of the Statute. The first declaration lodged by the Government of Ukraine accepted ICC jurisdiction with respect to alleged crimes committed on Ukrainian territory from 21 November 2013 to 22 February 2014. The second declaration extended this time period on an open-ended basis to encompass ongoing alleged crimes committed throughout the territory of Ukraine from 20 February 2014 onwards.

On 28 February 2022, the ICC Prosecutor announced  he would seek authorisation to open an investigation into the Situation in Ukraine, on the basis of the Office's earlier conclusions arising from its preliminary examination, and encompassing any new alleged crimes falling within the jurisdiction of the Court.

On 1 March 2022, the Office received a State Party referral from the Republic of Lithuania. On 2 March 2022, the following coordinated group of States Parties submitted a joint referral: Republic of Albania, Commonwealth of Australia, Republic of Austria, Kingdom of Belgium, Republic of Bulgaria, Canada, Republic of Colombia, Republic of Costa Rica, Republic of Croatia, Republic of Cyprus, Czech Republic, Kingdom of Denmark, Republic of Estonia, Republic of Finland, Republic of France, Georgia, Federal Republic of Germany, Hellenic Republic, Hungary, Republic of Iceland, Ireland, Republic of Italy, Republic of Latvia, Principality of Liechtenstein, Grand Duchy of Luxembourg, Republic of Malta, New Zealand, Kingdom of Norway, Kingdom of the Netherlands, Republic of Poland, Republic of Portugal, Romania, Slovak Republic, Republic of Slovenia, Kingdom of Spain, Kingdom of Sweden, Swiss Confederation, United Kingdom of Great Britain and Northern Ireland.

On 2 March 2022, the Prosecutor announced he had proceeded to open an investigation into the Situation in Ukraine on the basis of the referrals received. In accordance with the overall jurisdictional parameters conferred through these referrals, and without prejudice to the focus of the investigation, the scope of the situation encompasses any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person from 21 November 2013 onwards.

On 11 March 2022, the Prosecutor confirmed that two additional States, Japan and North Macedonia, have referred the Situation in Ukraine to the Office. On 21 March 2022, Montenegro further informed the Office of it's decision to join the group State Party referral, and on 1 April 2022, the Republic of Chile joined the group State Party referral of the situation. 

On 17 March 2023, ICC Pre-Trial Chamber II issued warrants of arrest for two individuals in the context of the situation in Ukraine: Mr Vladimir Vladimirovich Putin, President of the Russian Federation, and Ms Maria Alekseyevna Lvova-Belova, Commissioner for Children’s Rights in the Office of the  President of the Russian Federation. Based on the Prosecution’s applications of 22 February 2023, Pre-Trial Chamber II considered that there are reasonable grounds to believe that each suspect bears responsibility for the war crime of unlawful deportation of population (children)  and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation, in prejudice of Ukrainian children.

On 5 March 2024, ICC Pre-Trial Chamber II issued warrants of arrest for two individuals in the context of the situation in Ukraine: Mr Sergei Ivanovich Kobylash, a Lieutenant General in the Russian Armed Forces who at the relevant time was the Commander of the Long-Range Aviation of the Aerospace Force, and Mr Viktor Nikolayevich Sokolov, an Admiral in the Russian Navy, who at the relevant time was the Commander of the Black Sea Fleet. Based on the Prosecution’s applications of 2 February 2024, Pre-Trial Chamber II considered that there are reasonable grounds to believe that each suspect bears responsibility for the war crime of directing attacks at civilian objects, the war crime of causing excessive incidental harm to civilians or damage to civilian objects, and the crime against humanity of inhumane acts.

In addition on 24 June 2024, Pre-Trial Chamber II issued warrants of arrest for two more individuals, Mr Sergei Kuzhugetovich Shoigu and Mr Valery Vasilyevich Gerasimov, in the context of the situation in Ukraine for alleged international crimes committed from at least 10 October 2022 until at least 9 March 2023.

The Office of the Prosecutor has established a dedicated portal through which any person that may hold information relevant to the Ukraine situation can contact ICC investigators.

Suspects

Vladimir Vladimirovich Putin

Born on 7 October 1952, President of the Russian Federation. Allegedly responsible for the war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). The crimes were allegedly committed in Ukrainian occupied territory at least from 24 February 2022. There are reasonable grounds to believe that Mr Putin bears individual criminal responsibility for the aforementioned crimes, (i) for having committed the acts directly, jointly with others and/or through others (article 25(3)(a) of the Rome Statute), and (ii) for his failure to exercise control properly over civilian and military subordinates who committed the acts, or allowed for their commission, and who were under his effective authority and control, pursuant to superior responsibility (article 28(b) of the Rome Statute).

Maria Alekseyevna Lvova-Belova

Born on 25 October 1984, Commissioner for Children’s Rights in the Office of the President of the Russian Federation. Allegedly responsible for the war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). The crimes were allegedly committed in Ukrainian occupied territory at least from 24 February 2022. There are reasonable grounds to believe that Ms Lvova-Belova bears individual criminal responsibility for the aforementioned crimes, for having committed the acts directly, jointly with others and/or through others (article 25(3)(a) of the Rome Statute).

Sergei Ivanovich Kobylash

Born on 1 April 1965, Lieutenant General in the Russian Armed Forces, who at the relevant time was the Commander of the Long-Range Aviation of the Aerospace Force. Allegedly responsible for the war crime of directing attacks at civilian objects (article 8(2)(b)(ii) of the Rome Statute) and the war crime of causing excessive incidental harm to civilians or damage to civilian objects (article 8(2)(b)(iv) of the Rome Statute), and the crime against humanity of inhumane acts under article 7(1)(k) of the Rome Statute. There are reasonable grounds to believe that Mr Kobylash bears individual criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and/or through others (article 25(3)(a) of the Rome Statute), (ii) ordering the commission of the crimes, and/or (iii) for their failure to exercise proper control over the forces under their command (article 28(a) of the Rome Statute).

Viktor Nikolayevich Sokolov

Born 4 April 1962, Admiral in the Russian Navy, who at the relevant time was the Commander of the Black Sea Fleet. Allegedly responsible for the war crime of directing attacks at civilian objects (article 8(2)(b)(ii) of the Rome Statute) and the war crime of causing excessive incidental harm to civilians or damage to civilian objects (article 8(2)(b)(iv) of the Rome Statute), and the crime against humanity of inhumane acts under article 7(1)(k) of the Rome Statute. There are reasonable grounds to believe that Mr Sokolov bears individual criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and/or through others (article 25(3)(a) of the Rome Statute), (ii) ordering the commission of the crimes, and/or (iii) for their failure to exercise proper control over the forces under their command (article 28(a) of the Rome Statute).

Sergei Kuzhugetovich Shoigu

Born on 21 May 1955, Minister of Defence of the Russian Federation at the time of the alleged conduct. Allegedly responsible for the war crime of directing attacks at civilian objects (article 8(2)(b)(ii) of the Rome Statute) and the war crime of causing excessive incidental harm to civilians or damage to civilian objects (article 8(2)(b)(iv) of the Rome Statute), and the crime against humanity of inhumane acts under article 7(1)(k) of the Rome Statute. There are reasonable grounds to believe he bears individual criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and/or through others (article 25(3)(a) of the Rome Statute), (ii) ordering the commission of the crimes (article 25(3)(b) of the Rome Statute), and/or (iii) for their failure to exercise proper control over the forces under their command (article 28 of the Rome Statute).

Valery Vasilyevich Gerasimov

Born on 8 September 1955, Chief of the General Staff of the Armed Forces of the Russian Federation and First Deputy Minister of Defence of the Russian Federation at the time of the alleged conduct. Allegedly responsible for the war crime of directing attacks at civilian objects (article 8(2)(b)(ii) of the Rome Statute) and the war crime of causing excessive incidental harm to civilians or damage to civilian objects (article 8(2)(b)(iv) of the Rome Statute), and the crime against humanity of inhumane acts under article 7(1)(k) of the Rome Statute. There are reasonable grounds to believe he bears individual criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and/or through others (article 25(3)(a) of the Rome Statute), (ii) ordering the commission of the crimes (article 25(3)(b) of the Rome Statute), and/or (iii) for their failure to exercise proper control over the forces under their command (article 28 of the Rome Statute).