ICC Vows No Impunity for Russia Over War Crimes in Ukraine

The International Criminal Court (ICC) is determined to bring justice for crimes committed during Russia’s invasion of Ukraine, according to its chief prosecutor, Karim Khan. On a recent visit to Ukraine’s largest children’s hospital, Ohmatdyt, in Kyiv, which was struck by a missile in July, Khan underscored the ICC’s commitment to addressing these atrocities. The attack on the hospital resulted in the deaths of two adults and a young boy.

Khan, the first British prosecutor of the ICC, stated during his visit, “We're here for a purpose. It's not a sightseeing visit. It's to move forward... to make sure we pierce the veil of impunity and make sure the law is felt." Touring the hospital’s shattered intensive care unit, he met with doctors and patients and was shown fragments of what Ukrainian investigators identified as a Russian Kh-101 cruise missile.

While Russia has claimed that the explosion was caused by a misfiring Ukrainian air defense missile, the United Nations has stated it is “highly likely” that Moscow was responsible. When pressed on this point, Khan affirmed his duty to investigate all evidence, both incriminating and exonerating, noting that his team was meticulously examining missile remnants bearing serial numbers.

The missile strike on Ohmatdyt occurred amid a series of Russian missile and drone attacks across Ukraine, which left at least 46 people dead, including 33 in Kyiv, and nearly 200 injured. At the time of the attack, around 1,200 patients and staff were inside the hospital complex. Among the survivors was 16-year-old Solomia Fomeniuk, who was receiving kidney dialysis for chronic renal failure. After the attack, which destroyed her specialist unit, she was transferred to a hospital in Lviv, 470 km from Kyiv.

Reflecting on the attack, Solomia recounted her fear: “It was very scary, but I tried not to listen to the explosions and kept calm. But when the rocket hit, I didn't immediately understand what had happened.” She vividly remembered a doctor, covered in blood, pulling her and another young patient from the rubble. Solomia’s mother, Oksana, described their survival as miraculous, lamenting the deep impact the attack had on their lives.

During his visit, Khan was privately briefed by Ukraine’s Prosecutor General, Andriy Kostin, who oversees the country’s court prosecution system and has urged the ICC to investigate the hospital attack as a war crime. The briefing detailed the missile type used, with fragments carefully cataloged and displayed. Ohmatdyt’s director previously informed the UN Security Council that the attack severely damaged the hospital’s intensive care units, oncology and surgical wings, and completely destroyed the toxicology and traumatology departments.

Kostin stressed the importance of holding perpetrators accountable, stating, “Ukrainians live in a very difficult time... every day between hope and belief for the better future. But on the accountability and justice track, I think that we can give belief, we can provide belief because justice will be served.” He emphasized that beyond issuing arrest warrants, the goal was to see individuals responsible for these crimes behind bars in The Hague.

In March 2023, the ICC issued an arrest warrant for Russian President Vladimir Putin, followed by warrants for former Defense Minister Sergei Shoigu and Chief of General Staff Valery Gerasimov. Kostin noted that all legal avenues would be explored, acknowledging that the path to justice might take years or even decades. “There is no statute of limitations for the time,” he said. “Our commitment is to do it as soon as it is possible.”

Meanwhile, Solomia continues to seek a kidney donor, which would vastly improve her quality of life by allowing her to cease dialysis and drink more than one glass of water a day. Despite the ongoing investigation, her mother Oksana remains skeptical of the ICC’s ability to bring about real change. “The ICC finds Putin guilty - and what next? There are international organizations in the world that could prevent all this happening in Ukraine. But no one has done anything so far.”

When asked what his message to Oksana would be, Khan acknowledged the limitations of the ICC’s work. “While our efforts will not bring the dead back to life, we are doing our best. If everybody plays their part, hopefully it can mitigate some of the harrowing stories that we're hearing around the world and also here in Ukraine.”

Credit: BBC 2024-09-12

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