BSS
  03 Mar 2022, 09:27

ICC to start 'active' probe into war crimes in Ukraine

THE HAGUE, March 3, 2022 (BSS/AFP) - The International Criminal Court's
chief prosecutor said Wednesday an active probe into possible war crimes in
Ukraine "will immediately proceed" after his office received the backing of
39 countries.

  The countries include all EU member states, as well as Australia, Britain,
Canada, New Zealand, Switzerland and several Latin American countries.

  "I have notified the ICC Presidency a few moments ago of my decision to
immediately proceed with active investigations in the Situation" in Ukraine,
Karim Khan wrote in a statement.

  "Our work in the collection of evidence has now commenced," he added.

  Khan announced Monday he was opening a probe into alleged war crimes
committed after Russia's invasion of Ukraine last week. Khan said he believed
there was a "reasonable basis" to believe that crimes within the court's
jurisdiction had been committed.

  But he needed the Hague-based court's judges to approve his decision before
going ahead.

  However, the ICC countries' referral now means that Khan's probe can
continue without the judges' approval, speeding up the process.

  "These referrals enable my office to proceed with opening an investigation
into the situation in Ukraine from 21 November 2013 onwards," Khan said.

  That would include "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," Khan said.

  UK Prime Minister Boris Johnson told parliament on Wednesday that Russian
President Vladimir Putin was "guilty of a war crime" after civilians were
bombed in Ukraine, echoing an earlier accusation by Ukrainian President
Volodymyr Zelensky.

  Khan, who was recently appointed as prosecutor, said his probe will be
conducted "objectively and independently" and focus on "ensuring
accountability for crimes falling within ICC jurisdiction".

  The Hague-based ICC was established in 2002 as an independent court to try
individuals accused of genocide, war crimes and crimes against humanity.

  The ICC, however, can only prosecute crimes committed on the territory of
its 123 member states.

  Ukraine is not a member, but in 2014 accepted the jurisdiction of the
Court.

  Moscow withdrew from the ICC, so the court will only be able to reach
Russians if they are arrested on the territory of a state that respects the
jurisdiction of the court.

  The ICC is also hampered by the fact that it has no police force and relies
on state parties to detain suspects -- with varying success in the past.