Ukraine could extradite Russian war crimes suspects to International Criminal Court: Prosecutor

THE HAGUE: Ukraine could extradite Russian war crimes suspects to the International Criminal Court (ICC) even though Moscow is not a member, the tribunal’s prosecutor said on Thursday (Oct 13).

Kyiv authorities could send Russians to the Hague-based court if trials could not take place in Ukraine for legal reasons, ICC chief prosecutor Karim Khan said.

Russia, which invaded Ukraine on Feb 24, refused to join the ICC when the court was set up in 2002 to try people for offences including war crimes, crimes against humanity and genocide.

“Legally yes it wouldn’t represent an obstacle to our jurisdiction,” Khan told a press conference at the headquarters of the EU’s judicial agency, Eurojust.

“Certainly if there was a need … and there was a reason why those trials could not take place in Ukraine, whether it’s because of some legal additional provisions that we have or not, I am sure that we would get the cooperation from Ukraine,” he added.

The ICC opened its own probe into the war in Ukraine shortly after Russia invaded, but has said it is keen for Ukraine to bring suspects to justice where possible.

Khan would not say when the ICC expects to file its own first charges, saying he would wait until the “evidence is sufficient”.

“We are moving forward, we have focus, but I will make announcements at the right time,” he said.