ANOTHER ARREST WARRANT FROM ICC: CONCLUSIONS FOR UKRAINE

Gyunduz Mamedov commented on the decision of the International Criminal Court.

On March 5, the Pre-Trial Chamber II of the International Criminal Court issued arrest warrants for two people: the Commander of the Russian Long-Range Aviation of the Aerospace Force Sergei Kobylash and the former Commander of the Russian Black Sea Fleet Viktor Sokolov.

The Russian military are suspected of committing international crimes between October 10, 2022, and March 9, in particular, war crimes and crimes against humanity in terms of inhumane acts. These include attacks on civilian objects and the causing of excessive disproportionate harm to civilians.

Former Deputy Prosecutor General Gyunduz Mamedov commented to ZN.UA on the first ICC warrants issued as a result of the full-scale Russian invasion specifically to the Russian military leadership.

"First of all, we are talking about the application of the principle of command responsibility, according to which commanders can be held criminally liable for the crimes of their subordinates. In other words, the International Criminal Court, as expected, focuses on the "big fish", considering the most promising cases in terms of proof," Mamedov highlighted.

In addition, in his opinion, it is important that the charges relate to systematic attacks on Ukrainian energy infrastructure in 2022-2023.

"For the first time, information about the possible issuance of arrest warrants for attacks on energy facilities appeared last year. Indeed, the qualification as a "crime against humanity" looks promising. This type of crime implies large-scale, systematic, and deliberate nature. This is exactly in line with the targeted campaign against the Ukrainian energy sector," Mamedov said.

A joint assessment by the United Nations Development Program and the World Bank concluded that the damage to Ukraine's energy, gas and heating infrastructure exceeded $10 billion.

"The damage caused by the attacks on such civilian objects violates the principles of international humanitarian law, as the possible military benefit is less than the damage to the civilian population. Indeed, let's recall the last winter: constant blackouts, freezing homes, lack of water, businesses forced to shut down. These are all things that civilians suffer from. And the issuance of these warrants is an important recognition that this was a targeted state policy of the Russian Federation," Former Deputy Prosecutor General emphasized.

Gyunduz Mamedov is confident that Russian aggression against Ukraine is definitely an event of such a scale that it can change international legal mechanisms, including those for bringing war criminals to justice.

"At least, it is a chance to strengthen and reinforce the International Criminal Court, which is the only permanent institution with jurisdiction to prosecute international crimes. Ukraine can do the same by ratifying the Rome Statute. Yes, we have granted the ICC jurisdiction over the situation in Ukraine as a whole and have already received four arrest warrants, including for the Russian president. But at the same time, it is important to demonstrate our faith in this institution and its importance both in restoring justice and preventing international crimes in the future," he said.

At the same time, Mamedov added that the ICC investigation and the issuance of arrest warrants do not relieve Ukraine and its partners of their responsibility for building an effective justice mechanism.

"I fully support the development and strengthening of the ICC. But at the same time, I understand that currently tens of thousands of international crimes, allegedly committed by the Russian army and authorities, are "on the shoulders" of the Ukrainian justice system, which objectively does not have the capacity to cope with such an array. The ICC obviously does not have the capacity to investigate such a large number of cases either. In fact, four arrest warrants in two years of full-scale war is a fairly quick intermediate result for international criminal justice (if you doubt this, analyze the verdicts handed down by the ICC and how they were reached). However, the institutional capacity of the ICC will be enough for a maximum of several dozen cases. After all, we are talking about both human and financial resources. Therefore, without in any way competing or questioning the ICC's activities, it is important for us to make a conscious decision: what do we do with the entire array of proceedings that will remain? And depending on the decision, move towards its implementation," Mamedov said.

Such a solution, in his opinion, is the development of a hybrid justice mechanism with increased specialization at the national level. There should be a law enforcement agency, prosecutor's office and court that will deal with solely international crimes.

"No one will do this work for us. Ukraine must comprehensively investigate crimes committed on its territory. And the international element will be able to legitimize such a model. In addition, we have to look at our realities as objectively and rationally as possible, no matter how difficult it is. Do the arrest warrants mean that Putin, Lvova-Belova, Sokolov, and Kobylash will be arrested and imprisoned on the charges? Not a fact. First of all, the ICC will not consider the relevant cases without the presence of the accused, as the in absentia procedure is not provided for. And, secondly, the issuance of arrest warrants is not an admission of guilt. That is, there is a long and, at the moment, not fully predictable process ahead," the expert warned.

Finally, according to him, Ukraine is now more than ever interested in strengthening the institutions of justice. After all, fair punishment for as many war crimes as possible is a necessary condition for transitional justice, which our country has yet to go through.