On December 14, 2020 the Office of the Prosecutor of the International Criminal Court (ICC) has released the Report on the situation in Ukraine related to the completion of the assessment phase of materials submitted to the ICC and collected by the ICC since 2014 [1]. The Office completed a preliminary study of the situation in Ukraine, having made a determination that the criteria for initiating an investigation were met in terms of subject matter jurisdiction, admissibility and the interests of justice.

With regard to Crimea, the ICC Office of the Prosecutor concluded that since February 26, 2014, the following war crimes have been committed in Crimea by the military personnel of the occupation army: premeditated murder; torture; encroachment on human dignity; illegal imprisonment; compulsion to serve in the armed forces of an enemy power; deliberate deprivation of protected persons of the rights to fair and normal legal proceedings; movement of certain parts of the population of the occupied territory outside this territory (in relation to the movement of detainees and prisoners); seizure of enemy property, when such a seizure is not imperatively dictated by military necessity (in relation to private property and cultural values).

Also, the Office of the Prosecutor stated that the occupation administration had committed such crimes against humanity in Crimea as: murder; deportation or forced displacement of the population; imprisonment or other severe deprivation of physical liberty; torture; persecution of an identifiable group or community for political reasons; enforced disappearance of people.

The ICC Report specifically notes that the Office of the Prosecutor has not received any response to inquiries sent to the Russian Federation regarding the causes and consequences of these atrocities, or the punishment of those responsible. The Report states that after the election of a new ICC Prosecutor, consultations will take place on strategic and operational issues related to prioritizing tasks in the work of the ICC Prosecutor’s Office and submitting the necessary petitions to the ICC Pre-Trial Chamber on the above-mentioned international crimes in the occupied Crimea.

1. https://www.icc-cpi.int/itemsDocuments/2020-PE/2020-pe-report-ukr-rus.pdf