The Presidency of the International Criminal Court (“ICC” or the “Court”) has assigned the Situation in Ukraine to Pre-Trial Chamber II, composed of Judge Antoine Kesia-Mbe Mindua, Judge Tomoko Akane and Judge Rosario Salvatore Aitala. This decision follows the memorandum of the ICC Prosecutor, Karim A. A. Khan QC, on 1 March 2022 informing the Presidency of his intention to submit a request for an authorisation to open an investigation into this Situation.
The Prosecutor has notified the judges of his intention to submit a request under article 15(3) of the Rome Statute seeking authorisation to open an investigation into the Situation in Ukraine with respect to alleged war crimes and crimes against humanity in Ukraine from 21 November 2013 onwards.
Once the Prosecutor submits his request in accordance with the ICC Rome Statute, it will then be for the Judges of Pre-Trial Chamber II to decide whether or not to authorise the Prosecutor to open an investigation into the Situation. The Judges will have to consider whether there is a reasonable basis to proceed with an investigation, upon examination of the Prosecutor’s request and the supporting material.