Focus: Alleged crimes committed in the context of the "Maidan" protests since 21 November and other events in Ukraine since 20 February 2014
Phase 2: Subject-matter jurisdiction
Jurisdiction – General status
Ukraine is not a party to the Rome Statute. However, on 17 April 2014, the Government of Ukraine lodged a
declaration under article 12(3) of the Rome Statute accepting the ICC's jurisdiction over alleged crimes committed on its territory from 21 November 2013 to 22 February 2014. Further, on 8 September 2015, the Government of Ukraine lodged a second declaration under article 12(3) of the Statute accepting the exercise of jurisdiction by the ICC in relation to alleged crimes committed on its territory from 20 February 2014 onwards, with no end date. The Court may therefore exercise its jurisdiction over Rome Statute crimes committed on the territory or by nationals of Ukraine since 21 November 2013.
Procedural history and focus of the preliminary examination
The preliminary examination of the situation in Ukraine was
announced on 25 April 2014. On 29 September, the Prosecutor
announced, based on Ukraine's second declaration under article 12(3), the extension of the preliminary examination of the situation in Ukraine to include alleged crimes occurring after 20 February 2014. The OTP has received several communications under article 15 of the Rome Statute in relation to the "Maidan protests" as well as to events in Crimea and eastern Ukraine.
The preliminary examination initially focussed on alleged
crimes against humanity committed in the context of the "Maidan" protests which took place in Kyiv and other regions of Ukraine between 21 November 2013 and 22 February 2014, including murder; torture and/or other inhumane acts. Following the lodging of a new article 12(3) declaration by Ukraine on 8 September 2015, the Office decided to extend the temporal scope of the existing preliminary examination to include any alleged crimes committed on the territory of Ukraine from 20 February 2014 onwards.