Associate Professor of international law Department of KNU. Shevchenko Anton Korynevych believes that the disposal of the President of Russia about the refusal to ratify the Rome Statute of the International criminal court will not remove the responsibility from the citizens of the Russian Federation for crimes in Ukraine.
He said this at a roundtable at the Gorshenin Institute, said LB.ua.
«From the point of view of international law is nothing. Because Russia was not party to the Rome Statute, it had no obligations under it. And she just confirmed that she doesn’t want to get a membership in this organization. But the possibility of attracting Russian citizens to criminal liability in the ICC is not affected. Why? This does not influence when they committed crimes on the territory of Ukraine. The ICC will be guided by the principle of territoriality», — he said.
Thus, Korenevich explained that although Ukraine has not ratified the Rome Statute, the jurisdiction of the ICC subject.
«Ukraine not being a party to the Rome Statute, accepted the jurisdiction of the International criminal court as legally binding. Ukraine has filed two declarations recognizing the jurisdiction of the ICC. One concerns the situation on the Euromaidan from 21 November 2013 to 22 February 2014. And the second deals with the situation throughout the country starting with February 20, 2014 no final date. This is the second time in the history of the ICC, when the government left the Declaration without the final date. The first was the case of Palestine. Yes, we, the Rome Statute has not ratified, but all decisions must comply. In fact, it is very, very similar to the ratification process,» he said.
Thus, Korenevich stressed that according to the report of the ICC Prosecutor, the Russian citizens are not exempt from liability for crimes committed on the territory of Crimea.
«International law admits the existence of an international armed conflict without the use of the armed forces, if that’s the case occupation. We read in the Russian press, some statements that there [in Crimea] was not war, how can it be an armed conflict? Can be! Article 2 of all four Geneva conventions. What gives it to Ukraine. The first — adoption on the international level, the Crimea is Ukraine. The state of occupation in international law means that the legal title of sovereignty of the territory does not go anywhere. Remains a sovereign Ukraine. But it happened, that is the occupying state that this territory is temporarily occupied. The second important point — the ICC will look, whether perpetrated by organs of the occupying power’s crimes against humanity or war crimes on the territory of Crimea. Thus, this is a very positive thing,» he said.
We will remind, on November 16, the resident of Russia Vladimir Putin issued a decree according to which Russia refuses to become party to the Rome Statute of the International criminal court (ICC).
The order was made by Putin two days after the publication of the Prosecutor of the International criminal court report of the events in the Crimea was called an armed conflict between Ukraine and Russia.
Russia’s refusal to ratify the Rome Statute does not absolve her of responsibility — lawyer 22.11.2016