Thesis:

Jurisdiction of the International Criminal Court in dealing with war crimes in Ukraine

Considering the establishment of the International Criminal Court in 1998, it seems that due to the crisis in Ukraine, this court can be used to try the perpetrators of international crimes and achieve justice. In other words, he held Russia responsible for war crimes in Ukraine. It should be seen what kind of jurisdiction the International Criminal Court has in dealing with crimes in Ukraine? It seems that among the bases of jurisdiction, only the universal jurisdiction of the court is the ability to adapt to the situation in Ukraine. The basis of the jurisdiction of the court in dealing with this situation is the 151 declaration of Ukraine based on paragraph 3 of article 12 of the statute of the court, which was expanded in terms of time by means of another declaration. According to Article 5 of the Statute of the Court, the crimes that happened in these territories are covered by the jurisdiction of the Court. In addition to the concept of jurisdiction, Article 17 of the Constitution has the concept of the ability to be heard by the Diwan Sharah. In line with the possibility of hearing, two issues can be proposed: the additional jurisdiction of the court and the significance of the crimes that have occurred. Clause 15 of the introduction has introduced the Court as a complement to domestic criminal courts. So, if the national judicial system works properly, there is no reason to exercise the jurisdiction of the court. On the other hand, states are reluctant to exercise jurisdiction over international crimes in which they often participate in some way. Also, governments that have the desire and motivation to deal with crimes under the jurisdiction of the International Criminal Court, may be unable to investigate and prosecute due to conflicts or other factors. As a result, except in cases where an issue is voluntarily referred to the court by the member states, or the judicial system is inactive, the court exercises its jurisdiction only in the case of a state's unwillingness or real inability to process. Therefore, a complaint is admissible in the court only if the court determines that the national courts are not really willing or able to handle the proceedings.

Keywords: International Criminal Court, Rome Statute, war crimes, personal jurisdiction, territorial jurisdict