Prosecutors from the International Criminal Court (ICC) indicated that he had opened an investigation into the situation in Ukraine on allegations of “war crimes” and “crimes against humanity” perpetrated by Russia.

That The International Court of Justice (ICJ), United Nations, holds hearings on 7 and 8 March about the complaint filed by Ukraine, about the actions of Russian troops invading the country.

Here he is five questions on the legal situation after the invasion.

Is Russia violating international law?:

Russia violates article 2(4) of the United Nations Charter, which prohibits the use of force at the international level, said Geoff Gordon, Senior Researcher at the Asser Institute for International and European Law, based in The Hague.

“Russia’s use of military force is unknown” in Ukraineadded Philippe Sands, a professor of international law working in the UK. But “today (…) there is rules to protect us from such actions, reflected in the UN Charterclosest thing to an international Constitution”, Sands warned in an article in Financial time.

“Is the most important commitments of the Charter what (Vladimir) Putin ignored”say.

What courts can hear matters relating to Ukraine?:

Ukraine appears before the ICJ (International Court of Justice), which will Hearings are on March 7 and 8 to determine their legal competence in the case, Gordon said.

Besides that, national courts can also hear cases relating to violations of international law, Add.

Russia may also have to appear before European Court of Human Rights, accused by Kiev of violations in the area.

Ukraine is not a signatory Rome Statutethe ICC founding agreement, however, in 2014 officially recognized its jurisdiction with respect to crimes committed on its territory.

Russia, for its part, has withdrawn from the ICC.who cannot prosecute Russian citizens on Russian soil, but only if they are detained on the territory of a State which recognizes its jurisdiction.

The International Court of Justice (ICJ) said Tuesday that it would hold hearings on March 7 and 8 in the case brought there by Ukraine, which accuses Russia of planning genocide.

Chief Justice of the Court, Joan Donoghue, drew Russia’s attention “to the need to act in such a way that any decision of the Court could have the desired effect”, establishes the ICJ, the United Nations’ main judicial body, based in The Hague.

Can individuals be held accountable?

Yes. The ICC prosecutes those accused of the world’s worst atrocitieswhich cover genocide, war crimes and crimes against humanity.

Individuals can also be sued for national court.

However, not even the ICC can prosecute the crime of aggression – an attack of a State against another country planned by a political or military leader -, if that country has not ratified the Rome Statute, which is the case of Russia and Ukraine.

However, Sands suggested establishing an international (‘ad hoc’) criminal tribunal devoted to Russia’s aggression against Ukraine.

What’s next now?

Based on Cecily Rose, assistant professor of public international law at Leiden University, Netherlands, ICJ hearings and decisions can be made immediately below “urgency”.

As for the ICC, it can issue indictment if the judge determines that he has sufficient jurisdiction and evidence, or if a Member State takes the case directly to that court.

What is the effect?

It’s a bit hard to predict, according to experts. ICJ whose decision is final and cannot be contested,”has no enforcement mechanism classic” to enforce it, Gordon said.

For its part, ICC does not have its own police force and depends on Member States to catch people.

“On the other hand, we attend mobilization of a more or less coordinated set of mechanisms, the purpose of which is to punish Russia for waging illegal wars,” such as economic sanctions, travel restrictions and the cancellation of sporting events, Gordon said.

“The ICJ’s decision can serve as a role in such actions in the future”pride.

(Jan Hennop for AFP)

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