Read the original text at 112.ua.
New Opportunities for Ukraine
Everyone should understand that international law is an art of compromise.
Obviously, there are some grounds to say that the chances of Ukraine to establish equity in the occupied Crimea increased. The international community, in contrast to the Ukrainian side, often called a spade a spade, not hiding the truth behind political slogans and speculation.
In practice, this means that the court's prosecutor has decided to continue in the next year gathering evidence regarding this situation.
Hague tribunal is an authoritative international body, which provides the procedure at the international level. It is worth remembering. Therefore, all that he voiced, even at the level of clerks, is very important information for the understanding of the direction in which moves a particular case.
Interestingly, the original language of the report promulgated by Bensouda was Russian. Therefore, everyone in Russia can easily get acquainted with it. It can encourage the aggressor to be careful reading of the document, where he will see that his illegal actions do not go unnoticed. They are fixed in the future can be the basis for initiating personal affairs at the International Criminal Court. This is like a documentation of crimes.
Sooner or later, a high-ranking criminals will be in the dock. However, it takes time and a consolidated position of the entire civilized world. Just to predict exactly when the trial will be held in The Hague on them, it is impossible.
Legally, it is to make extremely difficult. Russia has signed, though "Rome Statute", based on which the activities of the Hague Tribunal is based, but not ratified and did not recognize him. So, do not fall under its jurisdiction. Only the change of power in the country may be the turning dramatically, to which all are waiting so.
Manuscripts do not burn
Committing aggression against Ukraine, Moscow destroyed the entire system of international security that has evolved since World War II. No one forgets about this fact.
The apologists of the "Russian world" run the show in their own way: during the occupation of Crimea hundreds of representatives of the Crimean Tatars were subjected to harassment by the "two-headed" power. It is, in particular, the forced displacement of people, military mobilization, arrests, physical and moral torture - this is not a complete list of how Putin and his henchmen victimized objectionable. And not only ethnic Tatars, but also all those who are still able to distinguish black from white, and has the courage to defend the fundamental right to the truth. All these human rights violations documented in the report.
According to the prosecutor of Hague Tribunal, to establish the fact of the legality of the initial intervention is not necessary. This international conflict can be investigated according to the norms of the Rome statute.
Ukraine took jurisdiction of the International Criminal Court over the affairs, not only relating to Crimea, but also to Donbas and the Maidan events.
April 17, 2014 the Verkhovna Rada adopted a statement which recognizes the jurisdiction of the ICC under Art. 12 (3) of the Rome Statute (the state, which is not a party to the Statute may recognize the jurisdiction of the Court in a particular situation, submit your application to the Registrar of the ICC) of crimes committed in Ukraine in the period from 21 November 2013 to 22 February 2014.
That same month, a statement arrived to the ISS, which the prosecutor began a preliminary examination of the facts contained in the statement. In particular, regarding the possible commission of crimes against humanity.
September 8, 2015 the Verkhovna Rada adopted a second statement in accordance with Art. 12 (3) of the Rome Statute, the ICC's jurisdiction extending to crimes committed on the territory of Ukraine from 20 February, 2014.
Since the original text adopted by Parliament statements could be interpreted as a desire to extend the jurisdiction of the ICC for only acts of anti-Ukrainian forces, the final text of the statement that the Ukrainian Foreign Ministry has submitted to the ISS September 8, 2015, contains an explicit reference to all the crimes and all the persons who have committed them, regardless of their nationality.
After the second application, given its legal force and the interconnected nature of the events in Ukraine, the prosecutor decided to extend the preliminary investigation in time for all the charges of crimes that were committed in the territory of Ukraine from February 20, 2014 and thereafter.
According to ISS procedure, (Art. 15) Prosecutor shall analyze the seriousness of information, and if it concludes that there are grounds for an investigation, submit to the Pre-Trial Chamber a request for authorization of an investigation, together with all the materials that underpin business. If the Pre-Trial Chamber determines that the circumstances set forth to them is sufficient, but a crime within the jurisdiction of the ICC, the House gives its consent to the commencement of the investigation.
Recognition events in Crimea the international military conflict is the path that Ukraine together with foreign colleagues must undergo to throw from the lexicon is very convenient and streamlined concept "hybrid warfare". However, Bankova officially does not recognize that we have war in Donbas.
Ukrainian side for its part, must do everything possible to provide the widest possible evidence base for Russian crimes in Ukraine.