ICC Prosecutor Khan: Justice should not be on side of Ukraine or Russia, but on side of law
Prosecutor of the International Criminal Court (ICC) Karim Khan said that none of those who violate the norms of international law with weapons in their hands will escape responsibility.
At a joint briefing with Prosecutor General Iryna Venediktova in Kyiv in Thursday, Khan said justice should not be on the side of Ukraine or Russia, not on the side of Ukraine against Russia and not on the side of Russia against Ukraine, but on the side of norms, legal principles, attitudes towards humanity and humanity that bind us all.
The ICC prosecutor said this was his second visit to Ukraine in a few months and he talked not only with the prosecutor general, but also with the Parliament chairman, representatives of the Verkhovna Rada committees, the Defense Minister and the Interior Minister of Ukraine.
The ICC prosecutor said when he was at the scene of the crimes, he noted that this conflict, these crimes, cover the entire territory of Ukraine. There are various military actions and, in accordance with the Rome Statute, the ICC must determine which actions are in the glasses of the legal field and law, and which are not are such. As an ICC prosecutor, he has to examine and accept the evidence and draw conclusions based on them, Khan said.
He said Ukraine is a very beautiful country, but they are not here for the purpose of tourism. They saw the destroyed infrastructure, bags with the bodies of the killed, saw it near the church in Bucha. The prosecutor said he has not been to Mariupol and Kharkiv and cannot imagine what is there.
The ICC prosecutor said they will work together with national law enforcement agencies, Eurojust, joint international investigation teams, will check all the evidence and try to reach the Russian Federation for the third time. There are accusations from both sides, but he has to evaluate and consider all possible crimes. The prosecutor and the court, based on the evidence of different parties, will come to our conclusion in order to establish the truth, the official said.
Answering a question about the possibility of creating a special military tribunal to bring to justice those responsible for war crimes on the territory of Ukraine, Khan said the ICC has appropriate jurisdiction. There is the ICC, which has the authority and jurisdiction. The ICC operates under the Rome Statute.
In turn, Venediktova said the main task for the Ukrainian side is to collect evidence so that they are recognized as acceptable and admissible, and no one had any doubts about the objectivity of the investigation.
"What is happening in Ukraine is not just war crimes, these are crimes against humanity. These are massacres, this is a mass bombing of the civilian population, torture, rape," the prosecutor general said.
She stressed the importance of qualifying such crimes as crimes against humanity, as this is the competence of the ICC.
"We are investigating crimes of military aggression, we have a big main case... we are moving, collecting evidence and in accordance with our legislation, and taking into account the standards of the ICC, the methodology is different," Venediktova said.