Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond

TY - JOUR

T1 - Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond

AU - Marchuk, Iryna

PY - 2016

Y1 - 2016

N2 - The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed during the 2014 Maydan protests (Declaration I) and the alleged war crimes committed in eastern Ukraine and Crimea (Declaration II). It provides an in-depth analysis of constitutional law issues linked to the acceptance of the jurisdiction by Ukraine and discusses its possible implications on the proceedings before the ICC. The Article criticizes the ICC Prosecutor’s overly stringent approach with regard to the interpretation of crimes against humanity in the context of the Maydan protests and her decision not to proceed with the first declaration. The Article further argues that ignoring the situation in Ukraine is detrimental to the interests of justice.

AB - The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed during the 2014 Maydan protests (Declaration I) and the alleged war crimes committed in eastern Ukraine and Crimea (Declaration II). It provides an in-depth analysis of constitutional law issues linked to the acceptance of the jurisdiction by Ukraine and discusses its possible implications on the proceedings before the ICC. The Article criticizes the ICC Prosecutor’s overly stringent approach with regard to the interpretation of crimes against humanity in the context of the Maydan protests and her decision not to proceed with the first declaration. The Article further argues that ignoring the situation in Ukraine is detrimental to the interests of justice.

M3 - Journal article

SN - 0090-2594

VL - 49

SP - 323

EP - 370

JO - Vanderbilt Journal of Transnational Law

JF - Vanderbilt Journal of Transnational Law

IS - 2

ER -