The Situation of Ukraine and the International Criminal Court [in Japanese]
DateMarch 20, 2023
BibliographyKyushu International University Law Journal
AuthorTAKEMURA Hitomi
Summary On March 20, 2023, Professor Hitomi Takemura, Professor a­nd GGR Research Fellow at Hitotsubashi University Graduate School of Law, published an article entitled “The Situation of Ukraine a­nd the International Criminal Court” in Volume 29 of Kyushu International University Law Journal. Professor Takemura first pointed out that although neither Ukraine nor Russia are States Parties to the International Criminal Court (ICC) Statute, the former accepted its jurisdiction previously a­nd the 43 signatories referred the situation on to ICC, the Office of the Prosecutor was able to open an investigation. However, the professor argued that ICC has limitations in terms of the principle of complementarity, personal jurisdiction, jurisdiction ratione materiae, a­nd its effectiveness. In addition, the professor argued that while the difficulty of scrutinizing evidence makes the finding of genocide crimes difficult, international cooperation frameworks are facilitated to collect evidence. The Professor also pointed out the problem of the fulfillment of states' obligations regarding the Genocide Convention is nowadays dealt with by the simultaneous pendencies of a dispute both with the International Court of Justice a­nd the ICC. Finally, based on the principle of complementarity, the professor argues that a long-term perspective is necessary to assess ICC’s effectiveness a­nd efficiency, especially because its States Parties bear the primary responsibility to investigate a­nd prosecute crimes under international law in order to terminate the culture of impunity.