O Tribunal Penal Internacional e a jurisdição para crimes internacionais cometidos no conflito armado da Ucrânia / The International Criminal Court and jurisdiction for international crimes committed in the armed conflict in Ukraine

Abstract

The International Criminal Court (ICC) was created, after the signing of the Rome Statute on 07/18/1998, with the aim of holding responsible individuals who act in violation of international humanitarian law. Russia's military invasion of Ukraine on 24/02/2022 has indicated the probable practice of numerous international crimes, especially war crimes and crimes against humanity. However, Ukraine and Russia are not States Parties to the Rome Statute, as they have not ratified the aforementioned international treaty. In turn, the ICC Prosecutor opened an investigation, with the aim of investigating international crimes committed on the territory of Ukraine and related to the military invasion of Russia. The article intends to understand whether the Rome Statute authorizes the ICC to exercise jurisdiction in relation to the War in Ukraine precisely in the context of a conflict that does not involve States Parties.