Volume 11 - Issue 60
/ December 2022
187
http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2022.60.12.20
How to Cite:
Stupnyk, I., Lisitsyna, Y., Avramenko, O., Abakina-Piliavska, L., & Khylchenko, A. (2022). The international criminal court and
the un criminal court in resolving war crimes: Legal realities and future prospects. Amazonia Investiga, 11(60), 187-196.
https://doi.org/10.34069/AI/2022.60.12.20
The international criminal court and the un criminal court in resolving
war crimes: Legal realities and future prospects
Міжнародний кримінальний суд та кримінальний суд ООН при вирішенні воєнних
злочинів: правові реалії та перспективи майбутнього
Received: November 30, 2022 Accepted: December 30, 2022
Written by:
Iaroslav Stupnyk90
https://orcid.org/0000-0001-8024-9735
Yuliya Lisitsyna91
https://orcid.org/0000-0001-5631-9297
Oleksiy Avramenko92
https://orcid.org/0000-0002-6572-3627
Liudmyla Abakina-Piliavska93
https://orcid.org/0000-0003-0724-1678
Anastasiia Khylchenko94
https://orcid.org/0000-0002-2997-3354
Abstract
In the conditions of the Russian Federation's
military aggression against Ukraine, a large
number of war crimes committed by Russia on
the territory of Ukraine, it is important to study
international courts in the field of criminal justice
and understand the legal realities and prospects
for solving war crimes at the international level.
The purpose of the work is a scientific analysis
of the legal realities of the resolution of war
crimes by the International Criminal Court and
the UN Criminal Court, as well as forecasting the
future prospects of the activities of these judicial
institutions. The methodological basis of this
study is such methods as historical method,
logical-legal, statistical, dialectical, comparative
methods, and modeling methods. As a result of
the conducted research, the current state of the
activities of international judicial authorities
regarding the consideration of war crimes cases
was analyzed. Thus, it was noted that today there
are problems regarding the resolution of war
crimes by the International Criminal Court,
taking into account Ukraine's non-ratification of
90
Ph. D., Associate Professor, Head of the Department of Criminal Law and Process of the State Higher Education Institution
"Uzhhorod National University", Ukraine.
91
Ph. D., Associate Professor of the Department of Criminal and Legal Disciplines of the Law Institute of the Lviv State University
of Internal Affairs, Ukraine.
92
Ph.D, Associate Professor of the Department of Criminal Law and Criminology, Faculty 1 of the Institute for Training Specialists
for National Police Units of the Lviv State University of Internal Affairs, Ukraine.
93
Ph. D., Associate Professor of the Department of Criminal Law of the National University "Odesa Academy of Law", Ukraine.
94
Ph. D., Associate Professor of Department of Criminal Law of National University «Odesa Law Academy», Ukraine.
188
www.amazoniainvestiga.info ISSN 2322- 6307
the Rome Statute and the legal personality of this
court to resolve this category of cases. The types
of crimes for which prosecution is possible, as
well as the peculiarities of their investigation and
documentation, are also analyzed in detail.
Keywords: crime, war crimes, international
criminal court, Rome Statute, lawsuit.
Introduction
The functioning of the bodies of international
criminal justice is under the close attention of the
international community. Especially in the
conditions of armed aggression of one state
against another, the issue of justice for the
commission of war crimes. The study of the
circumstances of the formation of international
criminal justice bodies, the peculiarities of their
activities and legal regulation, institutional
models contributes to a better understanding and
objective characterization of the system of
international criminal law bodies and the grounds
for the formation of international criminal
procedural law.
The study of the resolution of territorial issues by
the courts, as well as the investigation of war
crimes, arouses increased interest on the part of
lawyers, scientists and international experts and
is one of the most acute and difficult in
international law, because the territory is not only
space, but also an attribute of the state, the
material basis of the life of the people that
inhabits it. As conflicts and wars have erupted
throughout the history of human civilization,
tools have been developed in international law to
ensure the prompt, complete and impartial
investigation of criminal offenses against peace,
human security, international legal order and the
foundations of national security, including war
crimes, crimes against humanity , manifestations
of separatism, collaborationism and treason.
And despite the ongoing war and the persistent
calls of the international community to bring
those guilty of war crimes to justice, there are still
several problems surrounding the legal realities
of the functioning of international courts and the
extension of their jurisdictions to the territory of,
for example, Ukraine, questions regarding the
qualification of crimes, their investigation, as
well as prosecution procedures.
For example, in Ukraine, there are problems with
the implementation of the provisions of
international humanitarian law and criminal law
into the national legislation of Ukraine: there are
no provisions for "crimes against humanity", and
"war crimes" are regulated only in one article.
Recent amendments to the Criminal Procedure
Code of Ukraine regarding cooperation with the
International Criminal Court provided that such
cooperation will apply to persons who, at the
time of the commission of the crime, were
subordinate to and/or acted to carry out armed
aggression against Ukraine, and/or based on
decisions (orders, orders, etc.) officials, military
command or state authorities of the Russian
Federation or another country that carried out
aggression or facilitated its implementation
against Ukraine (Law No. 4651-VI, 2012). In
addition, as practice shows, the majority of
criminal proceedings for crimes related to the
open military aggression of the Russian
Federation against Ukraine are qualified under
Article 438 of the Criminal Code (Law No. 2341-
III, 2001). However, there are misunderstandings
in the issue of distinguishing the category of
crimes provided for in Article 438 of the
Criminal Code, which are crimes against
humanity or war crimes following international
law, with other criminal offenses.
In view of the above and the relevance of the
research topic for Ukraine, it is important to
analyze the legal realities of solving war crimes
and future prospects for the activities of the
International Criminal Court.
In this article, the authors analyzed the legal
status of the International Criminal Court and the
UN Criminal Court, which are international
judicial bodies of criminal jurisdiction aimed at
ensuring the right and ordering and adopting
these guiltys in international war crimes for
justice. However, the activities and competence
Stupnyk, I., Lisitsyna, Y., Avramenko, O., Abakina-Piliavska, L., Khylchenko, A. / Volume 11 - Issue 60: 187-196 /
December, 2022
Volume 11 - Issue 60
/ December 2022
189
http:// www.amazoniainvestiga.info ISSN 2322- 6307
of these bodies have peculiarities, which leads to
difficulties in the investigation and actual
enforcement of decisions, which may adversely
affect the results of consideration of cases against
the Russian Federation for their war with Ukraine
with Ukraine.
The authors of the article paid special attention to
the analysis of the legal status of the UN Criminal
Court, which should resolve legal disputes and
provide advisory conclusions on legal issues
specified by the UN authorized bodies and
specialized institutions (cases between states,
border disputes, diplomatic protection issues. and
legislation and use of the Armed Forces. At the
same time, the activities of the International
Criminal Court are limited to specific types of
crimes (serious crimes against humanity on an
international scale: genocide, war crimes, crimes
against humanity and aggression), which are
sometimes difficult to qualify.
The authors of the article conclude on the need to
use all the means of international law to bring
Russia as a state and all those involved in solving
and conducting a criminal war against Ukraine of
Russian citizens and foreign mercenaries to
criminal responsibility. Such tools, in particular,
should be tribunals for investigation of war
crimes.
Theoretical Framework or Literature Review
In their work, Atamanova and Kobets (2022)
analyzed the prospects for the execution of court
decisions regarding the recovery of damages
from the Russian Federation. The authors
analyzed the possibilities of Ukrainians to
recover damages from the Russian Federation on
the example of the execution of a national court
decision against the Russian Federation abroad,
and possible options for the execution of the
decision, taking into account international legal
customs and existing practice.
The issue of the international legal status of the
International Criminal Court is analyzed in the
work of Bazov (2018). The researcher analyzed
the peculiarities of the legal personality of the
International Criminal Court and noted that this
court is endowed with a dual legal nature, which
consists of the synergy of the elements of a
traditional international organization and an
independent international judicial institution.
In his article, Bilous analyzed the peculiarities of
the International Criminal Court and drew
attention to what Ukraine can count on (2022).
The lawyer noted that the International Criminal
Court can convict the highest officials and
officials of the Russian Federation. It is also
noted that this is a court that judges the most
serious crimes of an international nature and can
try Russians for crimes against humanity.
Khrypun (2022) analyzed war crimes committed
by the Russian Federation against Ukraine. From
a practical point of view, the lawyer examined
the qualification of war crimes and noted the lack
of systematicity in solving the issues of
qualification of war crimes committed in the
current year during the period of international
armed conflict, in the conditions of martial law,
may lead to the formation of opposite positions
of the courts in evaluating the actions of the
defendants of the specified category. Also, the
author notes that the jurisdiction of the
International Criminal Court extends exclusively
to crimes of genocide, crimes against humanity,
war crimes, and crimes of aggression. That is,
bringing the aggressor state to justice, including
in the form of compensation for damages, is
possible solely based on the results of an
investigative investigation into the facts of
violations of Russian laws and customs of war in
the course of unleashed military aggression
against Ukraine.
The theory and practice of resolving territorial
disputes by the UN International Court of Justice
were analyzed by V.P. Kononenko. (2018) The
author analyzed many cases considered by the
International Court of Justice of the United
Nations and drew attention to the problematic
issues of the activity of this body.
Krapyvin (2022) analyzed the issue of the
prospects for the establishment of the
International Criminal Court and the initiative of
the prosecutor of the International Criminal
Court to open an office in Ukraine to investigate
crimes committed during Russia's war against
Ukraine.
The peculiarities of Ukraine's cooperation with
the International Criminal Court were considered
by Mamedov and Marchuk (2022). The article
notes the need for cooperation and coordination
of efforts to investigate and resolve cases of war
crimes committed in Ukraine.
The object of Medvedev's research (2022) is the
investigation and trial of war crimes against
Ukraine. In particular, the lawyer emphasizes
that if the procedures related to the investigation
of crimes have been established, the issue of
justice for war criminals has not yet been
resolved. And therefore, while the work on
190
www.amazoniainvestiga.info ISSN 2322- 6307
documenting crimes continues, it is necessary to
determine whether justice will be carried out by
Ukrainian courts, a special tribunal, courts of
European jurisdiction, the International Criminal
Court, or all institutions in cooperation.
The author Moshenets (2022) analyzed the
specifics of applying to the International
Criminal Court and expressed the hope that the
International Criminal Court will be able to
demonstrate its effectiveness, which will allow
Ukrainians to see all Russian war criminals on
the dock in The Hague, and force the terrorist
state to pay reparations to Ukraine.
The multiplicity of institutional models of
international criminal justice bodies is explored
in the work of Popko (2021). The article analyzes
the process of forming the legal foundations of
international criminal justice, modern models of
the organization and activity of international
courts of criminal jurisdiction, and features that
unite the bodies of international justice. In
particular, it is noted that international criminal
justice, as a relatively new phenomenon in the
system of international law, is one of the
directions of international cooperation, which
consists of the implementation by courts
established by the international community with
the participation of the United Nations, based on
or in fulfillment of international treaties,
activities on consideration and decision on the
merits of cases about international, as well as
about other, assigned to their jurisdiction, crimes.
Also, the author characterized the approaches to
the typology of models of international judicial
institutions and the analysis of institutional
models of establishment, formation,
organization, and activity of international
criminal justice bodies.
Human rights in the conditions of armed
conflicts, as well as the peculiarities of the
procedure for the restoration and protection of
violated rights, were considered by Senatorova
(2018). Emphasis on the mechanism of judicial
review of war crimes cases is made in the
analytical materials prepared by Gryshko and
Prokopenko (2022). Options for compensation
for damages caused during the war in Ukraine
were analyzed by Moffett (2022).
Kurylo (2022) analyzed the difference between
the UN International Court of Justice and the
International Criminal Court in her work.
Problematic issues of the investigation of war
crimes in Ukraine are considered in the work of
Soroka and Prosvirov (2022).
The issue of prosecution for war crimes in
Ukraine was analyzed by Tatarova (2022). As a
conclusion, the author concluded that it is not the
Russian Federation as a state that will stand trial
for war crimes before the International Criminal
Court, but its officials and other participants in
the conflict who directly made decisions and
managed military aggression, while the state may
be held accountable in other jurisdictions, such as
the UN International Court of Justice in The
Hague. But his competence includes making a
decision on the obligations of satisfaction,
restitution and compensation to Ukraine from the
aggressor state.
Peculiarities of the consideration of cases by the
International Criminal Court are disclosed in the
article by Tkachenko (2022). Also, the issue of
prospects for solving war crimes by the UN
International Court of Justice is considered in the
article by Petryk (2022).
Considering the above analysis of the literature,
the issue of the legal realities of the International
Criminal Court and the UN Criminal Court in
solving war crimes is relevant and arouses
interest among scientists and lawyers. Despite
this, the problems of the legal realities of the
activities of international criminal courts and the
prospects for their development remain
insufficiently researched and require a more
detailed analysis.
Methodology
During the study of the legal realities of the
International Criminal Court and the UN
Criminal Court in solving war crimes, the
historical method was used. In general, the
historical method represents the procedures by
which historians interpret and investigate what
happened in the past using primary and
secondary sources. The use of the specified
method made it possible to understand the
chronology of the emergence and functioning of
the International Criminal Court and the UN
Criminal Court, the peculiarities of the resolution
of war crimes by the specified judicial authorities
in different periods, as well as to investigate the
cycle of consideration of war crimes.
The use of the logical-legal method made it
possible to understand the content of the legal
norms regulating the activities of the
International Criminal Court and the UN
Criminal Court. Taking into account that the
logical-legal method consists in studying the
content of legal norms and clarifying the
regularities of the operation of the law by
Volume 11 - Issue 60
/ December 2022
191
http:// www.amazoniainvestiga.info ISSN 2322- 6307
applying the rules of legal logic, research using
the specified method made it possible to
thoroughly research the legislation regulating the
activities of international courts, analyze judicial
practice, and also pay attention to the legislative
technique, the correctness of the presentation of
the content of the norms in the articles of a
specific normative act and their enforcement.
Moreover, the use of the logical-legal method
became a tool for defining the concept of "war
crime", "war crime", "genocide", "crimes of
aggression", "crimes against humanity", etc.
The application of the statistical method
contributed to the determination of quantitative
indicators regarding the resolution of war crimes.
Thus, the application of the method of legal
statistics makes it possible to reveal the real
results of the implementation of the functions of
judicial bodies provided for by the Rome Statute
and the UN Charter, trends in increasing
efficiency and problematic aspects of the
activities of the International Criminal Court and
the UN Criminal Court.
Using the dialectical method, international
criminal courts were examined in their
relationship and development. The dialectical
method is a method of knowing reality in its
contradictions, integrity and development. The
study of the legal realities of solving war crimes
through the prism of the development of judicial
bodies, challenges and risks for their effective
functioning contributed not only to complex
scientific work, but also made it possible to
understand the perspectives of the functioning of
international judicial bodies and their ability to
transform in order to solve urgent problems
regarding the resolution of cases of prosecution
responsibility for committing war crimes.
The comparative research method made it
possible to compare the activities of the
International Criminal Court and the UN
Criminal Court in solving war crimes. Because
the comparative method in scientific knowledge
is used to compare more than two researched
objects to identify common and different things
in them and is the basis for many applied studies,
since it allows to create of groups of objects
based on distinctive features of objects, the use
of this method during the study of legal realities
and prospects for international judicial bodies
when solving war crimes allowed to compare the
features of each such body, to compare the
consideration of cases of war crimes committed
in different countries, the conditions and progress
of their documentation and investigation, as well
as to understand the prospects for several war
crimes cases for Ukraine.
The application of the modeling method consists
in studying the internal and external relations of
the object, processes, and phenomena that are not
subject to direct study, determining their
essential features by creating a model (an
imaginary system that reflects the object of
research, the study of which will make it possible
to form new information about an object,
phenomenon or process). This method may have
been used during the study of the foundations of
the organization and activities of international
criminal courts to formulate proposals for
improving the legal regulation of their activities.
Thus, the method of legal modeling is intended
for the formation of innovative legal
constructions and the formulation of specific
proposals based on them regarding the
introduction of changes to the current
international legislation and the preparation of
prospective normative acts in the field of legal
regulation of the activities of international courts.
Results and Discussion
General principles of the International
Criminal Court and the UN Criminal Court
Prosecution for war crimes requires a proper
legal assessment. Thus, the crimes of one country
on the territory of another are considered by the
UN International Court of Justice and the
International Criminal Court. These bodies are
located in The Hague (Netherlands), but their
competence is often confused. Let's consider
these bodies in more detail (Table 1).
192
www.amazoniainvestiga.info ISSN 2322- 6307
Table 1.
The Competence of the UN International Court of Justice and the International Criminal Court
International Criminal Court
UN International Court of Justice
The International Criminal Court investigates and us prosecutes individuals accused of committing serio
crimes against humanity on an international scale,
namely: genocide, war crimes, crimes against
humanity, and crimes of aggression. The Court's
s are governed by the Rome Statute. Ukraine is activitie ).1998United Nations,(not a signatory of this Statute
was established UN International Court of JusticeThe
in 1945, and according to the UN charter, the main
en purpose of the court is to resolve disputes betwe
countries following the norms of international law
). The Court's jurisdiction over (United Nations, 1945
an interstate dispute is determined either by agreement
between the parties, by virtue of multilateral treaties, or
ions, regarding the as a result of mutual active act
recognition of the court's jurisdiction over the dispute.
(data provided by authors)
In general, the role of the International Court of
Justice is to resolve legal disputes and provide
advisory opinions on legal issues referred to it by
authorized UN bodies and specialized agencies,
and its main function is to adjudicate disputes
between sovereign states, since only states can be
parties to cases that are considered in the
International Court of Justice of the United
Nations and no state can be brought to court if it
does not agree to such a lawsuit. The
International Court of Justice examines
controversial cases between states, border
disputes, issues of diplomatic protection,
demarcation of maritime space, humanitarian
law, and the use of armed force.
At that time, the competence of the International
Criminal Court is limited to specific types of
crimes, and the consideration of cases at the
International Criminal Court itself consists of six
stages (preliminary investigation – a collection of
evidence; investigation – identification of
suspects, issuance of arrest warrants; preliminary
consideration of the case; trial; appeal) (VOGUE
website, 2022).
So, as can be seen from the above analysis of the
competences of international courts of criminal
jurisdiction, the International Criminal Court and
the UN Criminal Court aim to ensure punishment
for the commission of crimes of an international
scale, but the types of crimes and procedures are
different.
International jurisdictions of criminal justice in
resolving war crimes
The opinion was formed that the main
international organization – the United Nations –
is responsible for the security and peaceful life in
the world, and the permanent body, the
International Criminal Court, is responsible for
the criminal punishment of war criminals at the
level of personal responsibility (Bilous, 2022).
As already mentioned, the International Criminal
Court is a permanent independent judicial body
created by states by signing a multilateral treaty
– the Rome Statute. But during the development
of the Rome Statute, the concern of many states
was the maintenance and preservation of their
national jurisdiction. In this way,
complementarity – the principle of mutual
complementarity – was chosen (Table 2). This
principle is based on the idea that the exercise of
criminal jurisdiction is a very important state
function and the manifestation of state power.
Table 2.
The Prinsiple of the Complementarity in the International Criminal Court
Complementarity
Positive
Negative
he investigation, prosecution and punishment of T
international criminals rests with states
International Criminal Court hears cases when a state The
is unable or unwilling to investigate, prosecute and punish
international criminals
Rules for admissibility of a case for consideration by the International Criminal Court: or unable":he state is "unwilling T - Does not take any actions to investigate crimes; - Does not want to prosecute; - Unable to prosecute due to obstacles of a legal (in Ukraine, for example, the Criminal Code does not have an article for - ture,crimes against humanity) or practical na s, 2022).u(BiloThe case is not serious enough to warrant further action by the court -
(data provided by Bilous, 2022)
Volume 11 - Issue 60
/ December 2022
193
http:// www.amazoniainvestiga.info ISSN 2322- 6307
Currently, according to the latest data of the
General Prosecutor's Office, more than 32,000
war crimes have been registered, and this raises
questions about the ability of our national system
to cope with such a huge number of crimes and
to effectively conduct investigations (Bilous,
2022).
So, let's consider the previous practice of
resolving war crimes by the International
Criminal Court. Decision on the situation in
Kenya in 2011 (Case ICC-01/09-02/11-274,
2011). There were 2 pending cases related to the
situation in Kenya, but Kenya wanted to deal
with these two cases independently. The Kenyan
government approached the court from the point
of view that the International Criminal Court
recognizes the jurisdiction of Kenya and pressed
precisely on the principle of complementarity,
that the primary task of investigating and
prosecuting lies with Kenya as a state that "must
deal with itself". Kenya based its arguments on
promises to conduct an investigation in the next
3-4 months, but there was no concrete evidence
from the Kenyan government that the suspects
were being investigated. The decision of the
International Criminal Court (including the
Appeals Chamber) was based on the fact that the
Kenyan government must have something more
specific than just an intention to investigate now
or in the future (Bilous, 2022).
This confirms that Ukraine should work on the
effectiveness of war crimes investigations. It is
equally important to establish cooperation,
because the International Criminal Court
depends on cooperation and can cooperate with
civil society, and international organizations
(UN, Interpol, EU, International Committee of
the Red Cross).
An equally important body that investigates war
crimes is the UN criminal court. However, in the
conditions of international legal customs
regarding the immunity of states that have caused
damage by acts of aggression, genocide, and
military actions, there are certain difficulties in
bringing the guilty parties to justice in the
lawsuits of private persons of another state
regarding its compensation.
The decision of the UN International Court of
Justice in the case Jurisdictional Immunities of
the State, Germany v. Italy: Greece Intervening
(2012). The need to apply judicial immunity to
Germany by Italian national courts when
considering cases based on claims of victims
during the Second World War has been
recognized.
However, Italy and Greece have already shown a
willingness to waive immunity to the aggressor
state in disputes concerning damages. After the
decision of the International Court of Justice of
the United Nations, Italy refused to comply with
it. In 2014, the Constitutional Court of Italy noted
that in this case, the usual international rule of
immunity of foreign states entails an absolute
sacrifice of the right to judicial protection, since
it denies the jurisdiction of domestic courts to
resolve claims for damages brought by victims of
crimes against humanity and gross violations of
human rights. Moreover, in the constitutional
system, no overriding public interest can be
defined that can justify the sacrifice of the right
to judicial protection of fundamental rights that
have been violated as a result of serious crimes.
The immunity of a foreign state from the
jurisdiction of an Italian judge, granted by
Articles 2 and 24 of the Constitution, protects the
sovereign function of the state, but does not
protect behavior that is not a typical exercise of
government powers and is qualified as illegal, as
it violates human rights (Atamanova & Kobets,
2022).
So, as the analyzed practice shows, state
immunity can actually become a way of
protection and the result of impunity, and victims
are deprived of the opportunity to receive fair
compensation for the damage caused to them.
And that is why it is important to draw the
attention of society (other states) to the fact that
the presence of immunity should not mean
impunity of the state for committing war crimes.
Prospects for the activity of international courts
The following should be noted regarding the
prospects for the activities of international
judicial bodies.
A number of experts, in particular the chief
prosecutor of the International Criminal Court in
The Hague, Karim Khan, oppose the creation of
specialized tribunals to investigate certain war
crimes (in particular, the investigation of Russia's
crimes in Ukraine), given that the International
Criminal Court can itself effectively consider
war crimes. At the same time, the European
Commission intends to create a special court with
the support of the UN to avoid problems with
immunity for Putin (Voice of America website,
2022).
Also, there are some legal challenges to properly
prosecuting war criminals.
For example, Ukraine signed the Rome Statute in
2001 but has not yet ratified this international
treaty. One of the reasons is the decision of the
194
www.amazoniainvestiga.info ISSN 2322- 6307
Constitutional Court of Ukraine that the Rome
Statute does not correspond to the provisions of
Article 124 of the Constitution of Ukraine, which
states that justice in Ukraine is administered
exclusively by the courts of Ukraine. Currently,
changes to the Constitution allow Ukraine to
ratify the Rome Statute, and the Statute has not
yet been ratified.
An equally problematic issue is the lack of a
complete list of war crimes contained in
international law in the Criminal Code of
Ukraine and its non-compliance with the Geneva
Conventions and Article 8 of the Rome Statute.
The fact that there are not enough qualified
personnel to document the commission of such
crimes for the recording and investigation of war
crimes also plays an important role.
In addition, certain problems arise when
considering international immunities.
The President, Prime Minister, and Minister of
Foreign Affairs of the Russian Federation enjoy
personal immunity, which states that while they
are in office, they cannot be prosecuted within
national jurisdictions. Functional immunity is
also provided, in which it is noted that these
persons are not responsible for their political
decisions after the termination of their powers.
But in international law, there is another concept
that functional immunity does not cover
international criminals.
However, among the prospects for solving war
crimes by international judicial bodies, to solve
the problem of bringing war criminals to justice
in Ukraine, it is important to ratify the Rome
Statute, make changes to the procedural
legislation, and improve the qualifications of all
participants in the process regarding international
humanitarian law, which in turn requires constant
training and professional development (Website
of the Ukrainian Helsinki Union for Human
Rights, 2022).
Conclusions
1. The International Criminal Court and the
UN Criminal Court are international judicial
bodies of criminal jurisdiction aimed at
ensuring law and order and bringing those
guilty of international war crimes to justice.
However, the activities and competence of
these bodies have peculiarities, which leads
to difficulties in the investigation and actual
implementation of decisions.
2. The UN Criminal Court aims to resolve legal
disputes and provide advisory opinions on
legal issues referred to it by authorized UN
bodies and specialized institutions (cases
between states, border disputes, issues of
diplomatic protection, demarcation of
maritime space, humanitarian law, and use
of armed force. At the same time, the
activities of the International Criminal Court
are limited to specific types of crimes
(serious crimes against humanity on an
international scale: genocide, war crimes,
crimes against humanity, and crimes of
aggression).
3. The promising directions of the future
development of international judicial
authorities are the creation of progressive
tribunals for the investigation of war crimes,
the ratification of the Rome Statute by
Ukraine, the introduction of amendments to
the national procedural legislation regarding
the effective documentation and
investigation of war crimes, as well as
improving the qualifications of all
participants in the process regarding
international humanitarian law.
Regarding further scientific research, we
consider it necessary to pay attention to the
analysis of judicial practice regarding the
resolution of war crimes in international courts.
Bibliographic references
Atamanova, Yu., & Kobets, I. (2022). Recovery
of damages from the Russian Federation:
prospects for the execution of court decisions.
LCF website. Retrieved from
https://lcf.ua/thought-
leadership/international-
arbitration/styagnennya-zbitkiv-z-rf-
perspektivi-vikonannya-sudovih-rishen/
Bazov, O.V. (2018). The question of the
international legal status of the International
Criminal Court. Public law, 3(35), 46-52.
Retrieved from https://www.publichne-
pravo.com.ua/files/35/pdf/pp-2019-35-
06.pdf
Bilous, Y. (2022). Court in The Hague. What can
Ukraine count on? NV website. Retrieved
from https://nv.ua/ukr/amp/viyna-rosiji-yak-
fiksuyut-voyenni-zlochini-rosiyan-gaaga-
sud-novini-ukrajini-50270177.html
Case ICC-01/09-02/11-274, Decision on the
Application by the Government of Kenya
Challenging the Admissibility of the Case
Pursuant to Article 19(2)(b) of the Sta.
International Criminal Court, 2011.
Retrieved from https://www.icc-
cpi.int/court-record/icc-01/09-02/11-274
Volume 11 - Issue 60
/ December 2022
195
http:// www.amazoniainvestiga.info ISSN 2322- 6307
Gryshko, V., & Prokopenko, S. (2022).
Mechanisms of judicial review of war crimes
cases. Kiyv: "DEYURE Foundation" NGO.
(In Ukranian)
Khrypun, V. (2022). War crimes of the Russian
Federation against Ukraine: what is wrong
with the established practice of their
qualification. Website of the Judicial and
Legal Gazette. Retrieved from
https://sud.ua/uk/news/publication/254268-
voennye-prestupleniya-rf-protiv-ukrainy-
chto-ne-tak-s-ustoyavsheysya-praktikoy-ikh-
kvalifikatsii
Kononenko, V.P. (2018). Settlement of territorial
disputes by the UN International Court of
Justice: theory and practice: monograph.
Kyiv-Odesa: Phoenix. Retrieved from
http://idpnan.org.ua/files/2019/virishennya-
teritorialnih-sporiv-sudom-oon-teoriya-i-
praktika-kononenko-v.-p.-.pdf
Krapyvin, E. (2022). About the prospects of
creating the International Criminal Court in
Ukraine. Website of the Center for Political
and Legal Reforms. Retrieved from
https://pravo.org.ua/blogs/pro-perspektyvy-
stvorennya-ofisu-mizhnarodnogo-
kryminalnogo-sudu-v-ukrayini/
Kurylo, Yu. (2022). UN International Court of
Justice vs. International Criminal Court -
what is the difference? Legal practice
publishing house website.
https://pravo.ua/mizhnarodnyi-sud-
spravedlyvosti-oon-vs-mizhnarodnyi-
kryminalnyi-sud-u-chomu-riznytsia/
Law No. 2341-III, Criminal Code of Ukraine.
The Verkhovna Rada of Ukraine, 2001.
Retrieved from
https://zakon.rada.gov.ua/laws/show/2341-
14#Text
Law No. 4651-VI, Criminal Procedure Code of
Ukraine. The Verkhovna Rada of Ukraine,
2012. Retrieved from
https://zakon.rada.gov.ua/laws/show/4651-
17#Text
Mamedov, G., & Marchuk, I. (2022).
Institutionalization of justice in Ukraine.
Ukrainian Pravda website. Retrieved from
https://www.pravda.com.ua/columns/2022/1
2/1/7378856/index.amp
Medvedev, V. (2022). Investigation and trial of
Russian war crimes against Ukraine – a
challenge for national and international
justice systems. Website Yuridichna gazeta
online. Retrieved from https://yur-
gazeta.com/dumka-eksperta/rozsliduvannya-
ta-sudoviy-rozglyad-rosiyskih-voennih-
zlochiniv-proti-ukrayini--viklik-dlya-
nacionaln.html
Moffett, L. (2022). Options for compensation for
damages caused during the war in Ukraine.
Belfast: Queen’s Universuty. Retrieved from
https://reparations.qub.ac.uk/assets/uploads/
Варіанти-відшкодування-збитків-
завданих-під-час-війни-в-Україні-.pdf
Moshenets, O. (2022). International Criminal
Court – the way to The Hague and
reparations. LB.ua website. Retrieved from
https://lb.ua/blog/olena_moshenets/527492_
mizhnarodniy_kriminalniy_sud-shlyah.html
Petryk, Yu. (2022). Will the UN international
court stop the Russian aggressor? Vasyl Kisil
and partners website. Retrieved from
https://vkp.ua/publication/chi-zupinit-
mizhnarodniy-sud-oon-rosiyskogo-agresora
Popko, V.V. (2021). Bodies of International
Criminal Justice: The Multiplicity of
Institutional Models. Journal of the Kyiv
University of Law, 1, 304-311. Retrieved
from
https://chasprava.com.ua/index.php/journal/a
rticle/download/682/646/
Senatorova, O.V. (2018). Human rights and
armed conflicts. Kyiv: Publishing House
"FOP Golembovska O.O.". Retrieved from
https://nlu.edu.ua/wp-
content/uploads/2021/05/msc_6_copy.pdf
Soroka, A., & Prosvirova, O. (2022). The Hague
Court investigates war crimes in Ukraine. But
will he be able to judge Putin for them? BBC
news website Ukraine. Retrieved from
https://www.bbc.com/ukrainian/features-
61770669.amp
Tatarova, M. (2022). Responsibility for war
crimes: Ukraine in the struggle for justice.
Eternalaw site. Retrieved from
https://eterna.law/ua/publіkaczії/відповідал
ьність-за-воєнні-злочини-україна-в-
боротьбі-за-справедливість.html
Tkachenko, V. (2022). International Criminal
Court: what is the court in The Hague and
what cases are heard there. Site Facts.
Retrieved from
https://fakty.com.ua/ua/svit/20220628-
mizhnarodnyj-kryminalnyj-sud-shho-take-
sud-u-gaazi-ta-yaki-spravy-tam-
rozglyadayut/
UN International Court of Justice. (2012).
Jurisdictional Immunities of the State,
Germany v. Italy: Greece Intervening.
Retrieved from https://www.icj-
cij.org/en/case/143
United Nations. (1945). Charter of the United
Nations Organization dated June 26, 1945.
Retrieved from
https://unic.un.org/aroundworld/unics/comm
on/documents/publications/uncharter/UN%2
0Charter_Ukrainian.pdf
196
www.amazoniainvestiga.info ISSN 2322- 6307
United Nations. (1998). The Rome Statute of the
International Criminal Court dated July 17,
1998. Retrieved from
https://www.bj.admin.ch/bj/en/home/sicherh
eit/gesetzgebung/archiv/strafgerichtshof.htm
l
VOGUE website. (2022). What you need to
know about the International Court of Justice
and the International Criminal Court in The
Hague. Retrieved from
https://vogue.ua/article/lifestyle-amp/shcho-
potribno-znati-pro-mizhnarodniy-sud-ta-
mizhnarodniy-kriminalniy-sud-u-gaazi-
48351.html
Voice of America website. (2022). Prosecutor of
the International Criminal Court - against the
EU proposal to create a special court to
investigate Russian crimes. Retrieved from
https://ukrainian.voanews.com/amp/sud-z-
rozsliduvannya-rosijskih-
zlochyniv/6865021.html
Website of the Ukrainian Helsinki Union for
Human Rights. (2022). Five problems in the
way of punishing war criminals. What do
judges, prosecutors and lawyers offer?
Retrieved from
https://helsinki.org.ua/articles/p-iat-problem-
na-shliakhu-pokarannia-voiennykh-
zlochyntsiv-shcho-proponuiut-suddi-
prokurory-ta-advokaty/