The International Criminal Court is maintaining a broad investigation into alleged war crimes, crimes against humanity, and genocide committed on Ukrainian territory, an inquiry that spans from November 21, 2013, to the present. The investigation, which was formally opened on March 2, 2022, follows multiple referrals from State Parties and has resulted in several arrest warrants for high-ranking Russian officials.
Jurisdictional Framework in Ukraine
The scope of the ICC's investigation is extensive, encompassing any past or present allegations of war crimes or crimes against humanity committed on any part of Ukraine's territory by any person since late 2013. While Ukraine was not originally a State Party to the Rome Statute, the government has twice used its prerogatives to accept the Court's jurisdiction over alleged crimes occurring within its borders.
The first declaration by the Ukrainian government accepted ICC jurisdiction for alleged crimes occurring between November 21, 2013, and February 22, 2014. A second declaration later extended this jurisdiction on an open-ended basis to cover ongoing alleged crimes throughout the territory of Ukraine from February 20, 2014, onwards. Following these declarations, Ukraine officially ratified the Rome Statute, with the instrument of ratification entering into force on January 1, 2025.
State Referrals and Investigations
The ICC's involvement was triggered by a series of state referrals. On March 1, 2022, the Republic of Lithuania provided a State Party referral. Shortly after, on March 2, 2022, a coordinated group of 38 State Parties submitted a joint referral. This group included nations such as Canada, France, Germany, the United Kingdom, and several others across Europe and the Americas.
As the investigation progressed, more nations joined the referral process. On March 11, 2022, Japan and North Macedonia were confirmed as additional states that had referred the situation. Montenegro informed the Office of the ICC on March 21, 2022, that it would join the group referral, and the Republic of Chile joined the group on April 1, 2022.
Warrants for Russian Leadership
The ICC Pre-Trial Chamber II has issued several high-profile arrest warrants as part of the ongoing investigation. On March 17, 2023, the Chamber issued warrants for Vladimir Vladimirovich Putin, the President of the Russian Federation, and Maria Alekseyevna Lvova-Belova, the Commissioner for Children’s Rights in the Office of the President of the Russian Federation.
The court found reasonable grounds to believe both individuals bear responsibility for the war crime of unlawful deportation of population (children) and the unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation. These alleged crimes are stated to have occurred in occupied Ukrainian territory at least from February 24, 2022.
Military Command Warrants
Additional warrants were issued in 2024 targeting military commanders. On March 5, 2024, Pre-Trial Chamber II issued arrest warrants for Lieutenant General Sergei Ivanovich Kobylash, who served as the Commander of the Long-Range Aviation of the Aerospace Force, and Admiral Viktor Nikolayevich Sokolov, who served as the Commander of the Black Sea Fleet.
The prosecution's applications for these warrants, dated February 2, 2024, alleged that these individuals bear 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.
Ongoing Legal Actions
The ICC has also targeted senior defense and military leadership. On June 24, 2024, Pre-Trial Chamber II issued warrants of arrest for Sergei Kuzhugetovich Shoigu and Valery Vasilyevich Gerasimov.
These warrants pertain to alleged international crimes committed during a specific timeframe, spanning from at least October 10, 2022, until at least March 9, 2023. The ICC maintains a dedicated portal to allow any person holding information relevant to the situation in Ukraine to contact investigators directly.
Current Investigative Status
The current investigation remains focused on the situation in Ukraine, managed by Pre-Trial Chamber II under the oversight of judges Rosario Salvatore Aitala, Sergio Gerardo Ugalde Godínez, and Haykel Ben Mahfoudh. The Office of the Prosecutor continues to examine all new alleged crimes falling within the Court's jurisdiction to ensure accountability for alleged violations of the Rome Statute.
