The expert explained why Russia is not party to the Rome Statute of the ICC – Moskovsky Komsomolets

the Order signed by the ICC after allegations about events in the Crimea.

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President Putin signed Wednesday a decree “On the Russian Federation’s intention not to become party to the Rome Statute of the International criminal court”. It has occurred after on Tuesday in the Hague stated that Russia’s actions in 2014 in the Crimea has led to a situation amounted to an armed conflict.

photo: Gennady Cherkasov

the International criminal court (ICC) have yet to make a final decision as to whether to consider the Crimean conflict international. And this decision will affect the verdict in cases of crimes which occurred on the background of the conflict.

As stated in the signed by the President of the Russian Federation has a proposal to Russia’s intention not to participate in the Rome Statute of the ICC comes from the Ministry of justice and coordinated with other agencies and the Supreme court.

Technically, Russia and so was not a state party to the International criminal court, but cooperated with him as an observer.

the Rome Statute (it is an international document adopted in July 1998 at a diplomatic conference in Rome which established the ICC) was signed by the Russian side on 13 September 2000, but ratification did not take place.

In the competence of the International criminal court, officially began its work on 1 July 2002, includes the prosecution of persons responsible for genocide, war crimes, crimes against humanity (committed after the accession to the Rome Statute in force). It is an independent organization, not part of the UN structure.

the Seat of the ICC (not to be confused with sitting in the same International court of justice) the Hague, but the court session may be held at any other place. You should not mix the international criminal court and the international tribunals established for specific countries (for the former Yugoslavia and Rwanda).

Although most modern countries have joined the ICC, there are States that are strongly against the very idea of such a court, because it violates their sovereignty. Such countries include the United States (when Clinton signed the Rome Statute, but two years later the signature was revoked, moreover, the Americans concluded with a number of countries a bilateral agreement obligating not to issue the ICC to citizens of the USA), China, India, Israel and Iran.

Office of the ICC Prosecutor had opened investigations in ten situations – and the vast majority are in Africa (Central African Republic (2 investigations), côte d’ivoire, Darfur (Sudan), Democratic Republic of the Congo, Kenya, Libya, Mali, Uganda and Georgia). Such focus on the continent triggered the release of several African countries from the ICC. On Tuesday, November 15, after fleeing court of South Africa and Burundi about the Gambia. And this despite the fact that the chief Prosecutor of the ICC is the representative of this country, Fatou Bensouda. Gambians do motivated the exit from the ICC that this court has used for the persecution of the Africans, while the crimes of the West remain unaddressed.

the Last 10-12 years in practical and scientific circles discussed the question of Russia’s ratification of the Rome Statute – says “MK” Professor of criminal law, criminal procedure and criminalistics of MGIMO Alexander Volevodz. – The difficulty of ratification has been related to the fact that the Statute is an international Treaty of the rigid type, that is, it can not make any reservations. Or fully ratify, or fully accept it. This complexity is in contrast to other international treaties where some nuances can be discussed. And there is koznarsky from the point of view of States ‘ rights issues. For example, France amended the Constitution to ratify the Statute. Initially it was said that the Russian Federation ratifies the Statute only when it is given an interpretation of the concept “aggression”. Whether the expected intention of the Russian Federation not to become a party to the Rome Statute? For me, as for the s pecialist, the order is not unexpected. More recently, the ICC in its activities has become very politicized (noticed it first not us, and African countries). In February the pre-trial chamber gave its consent to the court’s Prosecutor to investigate the 2008 events in Georgia. The decision of the chamber biased and directed against Russia. Although the Russian side has in the production of a tremendous matter for those events, which proved the guilt of the officials of Georgia. And the Georgian side to investigate the matter. The ICC had no right to interfere in the situation when countries are under investigation. Well, the second extreme point is the last statement about the events in Crimea in 2014. This is not the case of the International criminal court. I think this was the straw that clearly showed that at this stage the ICC is not a body that is able to administer international comprehensive, complete and objective justice.