Kyiv has filed a petition before the UN High Court of Justice in The Hague, accusing Russia of "plotting genocide" in Ukraine as the attack reaches its sixth day.
"There is a solid basis for believing that both the allegations of war crimes and crimes against humanity have been committed by the country."
Has Russia violated international law?
Yes. Russia has violated Article 2 (4) of the UN Charter, which prohibits the use of force in international affairs, said Geoff Gordon, a senior researcher at the Hague-based Asser Institute for International and European Law.
"The use of Russian troops is not uncommon" in Ukraine, adds British-based international law professor Philippe Sands.
What courts can prosecute cases related to Ukraine?
){kind=link}
Ukraine has applied to bring the case to the ICJ, which will hear disputes over the authority, Gordon said.
National courts can also prosecute cases related to violations of international law, he added.
Russia could also be sued in the European Court of Human Rights (ECHR) for human rights violations.
Ukraine is not a member, but in 2014 it gained power in the Court.
Russia, however, has withdrawn from the ICC, so the court will only be able to reach Russians if they are detained in a region that respects the jurisdiction of the court.
Can people be blamed?
Yes. The ICC is prosecuting people accused of the worst crimes in the world, including murder, war crimes, and crimes against humanity.
People can also be tried in national courts.
However, even the ICC will not be able to prosecute an attack - an attack on one country or another by a political or military leader - if that country does not accept the Rome Statute of the court, which Russia or Ukraine have not done.
Sands called for the establishment of an international criminal tribunal focusing on Russian crimes against Ukraine.
What happens next?
The Hague-based ICJ - which dominates international disputes - will first determine whether it has the capacity to hear the context of the case.
"I bet we will see a trial in the next few weeks, and a decision a few weeks later - or maybe a quick timeline given the scale of this emergency," said Cecily Rose
At the ICC, if its judges believe that the court has jurisdiction and evidence, an investigation could lead to the prosecutor Khan issuing indictment and prosecution.
However, the ICC process can be accelerated if the member state appeals to the court, thus exceeding the need for judicial approval.
What will be the result?
Experts say it's a very unpredictable situation right now to judge or make any conclusion out of it.
The ICJ, whose decisions are final and ineligible, "lacks a mechanism to ensure that the judgments are effective," Gordon said.
These included economic sanctions, travel restrictions, and the cancellation of sporting events.
"The ICJ decision could contribute to any such action in the future, either as part of a legal debate or a public debate on legality," Gordon said.
CC: @crypto.piotr
Thank you so much for reading share your thoughts in the comment section : )
Warm regards,
@Winy
50 % set to Ph-fund
Hi @winy
Seeing entire aspect from Legal implications - that is definetly interesting point of view. I actually wonder not only if War has been "legal", but also if some of introduced sanctions are legal or not (especially related to SWIFT ban).
I also would rather expect Putin to be killed by his own people, than him being sentenced to do time in prison for his war crimes.
Such a difficult past few years. Pandemic, lockdowns and now war. For so many people out there (Especially ukrainians) it must be a real nightmare.
I was wondering if you have any view on futute of Russia financial system (especially from the perpective or regular people) after interest rates has been hiked to 20%?
I can hardly imagine being able to pay any loans or morgage in similar situation. Especially while knowing, that all imported items will cost so much more since value of Rubel dropped so badly.
Any thoughts you like to share?
Cheers, Piotr
Downvoting a post can decrease pending rewards and make it less visible. Common reasons:
Submit
Hii @crypto.piotr,
I think most of the people want Putin to be killed rather than jail, I am hoping you are already aware of current statistics in which more than 20 to 30 children's where killed more than 350 civilians were killed who have nothing to do with this war,
and Putin is calling it a defense operation he brainwashed people of Russia, I don't know why the hell people of Russia are still believe in him, In my opinion, it is because their news channels which do as Putin says,
I hope i am making sense,
Thank you so much for visiting and commenting : )
Regards,
@Winy
Downvoting a post can decrease pending rewards and make it less visible. Common reasons:
Submit
hi @winy
I think most people do not believe Putin. But they are to scared to do anything. Those who oppose him in that War are being arrested (thousands so far) and faced with possibility of spending 15 years in prison for "spreading misinformation".
Would you be brave enough to protest against your own President, knowing that he has absolute power and that you will end up most likely rottening in the prison?
That's the issue I see here.
Downvoting a post can decrease pending rewards and make it less visible. Common reasons:
Submit
Greetings @crypto.piotr,
Hmmmm right, I haven't consider this point at that time
Thank you so much for responding : )
Regards,
@winy
Downvoting a post can decrease pending rewards and make it less visible. Common reasons:
Submit
Hii @peter
I have already answered to this comment please check,
Thank you for your valuable comment : )
Downvoting a post can decrease pending rewards and make it less visible. Common reasons:
Submit
Very nice work you have done
In fact cant russia use diplomatic means to drive home their demand?
Downvoting a post can decrease pending rewards and make it less visible. Common reasons:
Submit
Very nice work you have done
In fact cant russia use diplomatic means to drive home their demand?
Downvoting a post can decrease pending rewards and make it less visible. Common reasons:
Submit