ICC recognizes annexation of Crimea as consequence of armed conflict

The situation within the territory of the annexed Crimea and Sevastopol amounts to an international armed conflict between Ukraine and the Russian Federation.

This is stated in the report on preliminary examination activities in the case “The situation in Ukraine”, released by the Prosecutor of the International Criminal Court (ICC) Fatou Bensouda on November 14.

It is noted that the Office of the ICC Prosecutor considered the request of Ukraine to investigate this situation.

“This international armed conflict began at the latest on 26 February when the Russian Federation deployed members of its armed forces to gain control over parts of the Ukrainian territory without the consent of the Ukrainian Government,” the report reads.

The law of international armed conflict would continue to apply after 18 March 2014 to the extent that the situation within the territory of Crimea and Sevastopol factually amounts to an on-going state of occupation.

According to the court, a determination of whether or not the initial intervention which led to the occupation is considered lawful or not is not required.  Thus, this international conflict can be investigated pursuant to the Rome Statute.

The Office of the ICC Prosecutor also has information about the oppression of the Crimean Tatars on the peninsula, forced transfer of 179 prisoners to the territory of Russia, forced mobilization of the Crimean residents.