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  6. Jurisdiction of the International Crimin ...

Journal of Security and Sustainability Issues

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Jurisdiction of the International Criminal Court in the Hague and War Crimes in Ukraine in the Face of Security
Volume 13, Issue 1 (2023), pp. 325–336
Robert Rynkun-Werner ORCID icon link to view author Robert Rynkun-Werner details   Bartosz Kozicki ORCID icon link to view author Bartosz Kozicki details   Jarosław Zelkowski ORCID icon link to view author Jarosław Zelkowski details   Daria Krzewniak ORCID icon link to view author Daria Krzewniak details  

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https://doi.org/10.47459/jssi.2023.13.34
Pub. online: 15 November 2023      Type: Article      Open accessOpen Access

Received
18 June 2023
Accepted
10 November 2023
Published
15 November 2023

Abstract

War is theoretically subject to the laws of armed conflict but, in practice, it brings in its wake war crimes, crimes against humanity, genocide, and the crime of aggression. The parties to an armed conflict are unable and/or unwilling to hold the perpetrators of these crimes (oftentimes their own citizens) to account. Part of the rationale for establishment of the International Criminal Court was to offer a way forward in this regard. Yet the suspected war criminal – even the political leader of the aggressor state – must be apprehended and brought to The Hague so that he may face the Court. This is no easy task, thwarted by a variety of formal, factual, and political obstacles; all too often, the idea of a supranational justice system presided over by the International Criminal Court proves illusory, if not fictitious. In this article, these points are discussed in reference to the crimes being committed against the Ukrainian population by the Russian aggressors.

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Keywords
International Criminal Court Statute war crimes in Ukraine jurisdiction Prosecutor of the Court security

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Generolo Jono Žemaičio Lietuvos karo akademija Šilo g. 5A., LT-10322 Vilnius, el.p: lka@mil.lt

General Jonas Žemaitis Military Academy of Lithuania  Šilo Str. 5A, LT-10322 Vilnius, Lithuania, e-mail: lka@mil.lt

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