Russia and International Criminal Courts

Russia and the Rome Statute

The Russian Federation signed the Rome Statute of the International Criminal Court (ICC) on 13 September 2000, but did not ratify it. The Statute remained pending ratification for over 15 years, during which Russia participated as an observer in the Assembly of States Parties and contributed to ICC budget discussions. The Constitutional Court of the Russian Federation was requested to assess the constitutionality of the Rome Statute in 2014. In Ruling No. 2829-O of 2014, the Constitutional Court held that the Rome Statute did not contradict the Constitution of the Russian Federation, leaving open the possibility of ratification. The Court noted, however, that Russia’s obligations under the Statute could not override the Constitution and that any conflict between ICC jurisdiction and constitutional norms would require resolution through constitutional procedures.

On 16 November 2016, President Putin signed an order expressing Russia’s intention not to become a party to the Rome Statute, and on 30 November 2016, the President formally withdrew Russia’s signature. The withdrawal was communicated to the UN Secretary-General as depositary. The official statement by the Ministry of Foreign Affairs cited the ICC’s “unilateral and inconsistent” practice, the Court’s lack of effectiveness, and the “anti-Russian character” of the 2016 preliminary examination concerning the situation in Crimea and Donbas. Russia’s withdrawal from the Statute took effect as a withdrawal of signature, since Russia was not a State Party; legally, it constituted a notification of the intention not to become a party, removing the obligation of good faith under Article 18 of the Vienna Convention on the Law of Treaties.

The Situation in Ukraine and the ICC

The Office of the Prosecutor (OTP) of the ICC opened a preliminary examination of the situation in Ukraine on 25 April 2014, following the extension of its earlier examination of the situation in Crimea. Ukraine is not a party to the Rome Statute but has twice exercised its right under Article 12(3) to accept ICC jurisdiction: first on 17 April 2014 (covering events from 21 November 2013 to 22 February 2014), and subsequently on 8 September 2015 (accepting jurisdiction over crimes committed on Ukrainian territory from 20 February 2014 onwards without end date). These declarations provided the jurisdictional basis for the ICC to investigate crimes against humanity and war crimes allegedly committed by any party in the Ukrainian conflict, including Russian forces.

On 17 March 2023, Pre-Trial Chamber II of the ICC issued arrest warrants for President Vladimir Putin and the Presidential Commissioner for Children’s Rights, Maria Lvova-Belova, in relation to the alleged unlawful deportation and transfer of children from occupied areas of Ukraine to the Russian Federation, constituting war crimes under Article 8(2)(a)(vii) and Article 8(2)(b)(viii) of the Rome Statute. The warrants were based on evidence gathered by the OTP that thousands of children had been transferred from Ukrainian state institutions to Russian foster families and adoption agencies. The warrants marked the first time the ICC had issued an arrest warrant against a sitting head of state of a UN Security Council permanent member. Russia rejected the warrants as legally void, asserting that the ICC lacks jurisdiction over Russia, that the warrants violate head of state immunity, and that the evidence is politically motivated.

Complementarity and Domestic Proceedings

The principle of complementarity under Article 17 of the Rome Statute provides that the ICC may only exercise jurisdiction where national legal systems are unwilling or unable genuinely to carry out investigations or prosecutions. Russia has invoked complementarity to resist ICC jurisdiction, asserting that its domestic legal system is capable of investigating and prosecuting crimes committed in Ukraine. The Investigative Committee of the Russian Federation (SK RF) has opened criminal cases against Ukrainian military and political figures for alleged war crimes against civilians in the Donbas. The Ministry of Defence has established its own investigative units to document alleged Ukrainian violations of international humanitarian law.

International legal scholars and human rights organisations have questioned the genuineness of Russia’s domestic proceedings, citing the lack of prosecutions against Russian military personnel, the selective focus on Ukrainian defendants, and the institutional limitations of Russian criminal justice in conducting impartial investigations of conflict-related crimes. The OTP has not, to date, made any formal admissibility determination concerning Russian proceedings, as the primary focus of the Ukraine investigation is on establishing the factual basis for charges.

Genocide Allegations and ICJ Proceedings

The International Court of Justice (ICJ) has been seized of two cases involving Russia under the Genocide Convention. In Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation), Ukraine filed an application on 26 February 2022 alleging that Russia’s invocation of the Genocide Convention as a legal basis for its military actions was unfounded and that Russia had violated the Convention by planning and committing acts of genocide in Ukraine. Ukraine requested provisional measures, which the ICJ granted on 16 March 2022, ordering Russia to suspend military operations in Ukraine. Russia did not comply but participated in the jurisdictional phase of the proceedings. The ICJ issued its judgment on jurisdiction on 2 February 2024, finding the dispute fell within the Genocide Convention and rejecting Russia’s preliminary objections. The case continues to the merits phase.

In Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v Russian Federation), Ukraine further alleged that Russia’s acts in Luhansk and Donetsk regions since 2014 constitute genocide. A second set of proceedings was initiated on 27 October 2023 by the Czech Republic, Denmark, France, Germany, the Netherlands, Poland, Romania, and Sweden, seeking to intervene under Article 63 of the ICJ Statute. The allegations of genocide against Russia have been referred to in multiple UN reports and are the subject of ongoing investigations by the UN Independent International Commission of Inquiry on Ukraine.

Russia Before Other International Tribunals

Beyond the ICC and ICJ, Russia has been involved in proceedings before the European Court of Human Rights (ECtHR), though as of 16 September 2022, Russia ceased to be a party to the European Convention on Human Rights following its expulsion from the Council of Europe. The ECtHR continues to examine applications concerning events prior to that date, including the Georgia v Russia series of inter-state applications (Nos. 38263/08, 61133/12, 23445/15) concerning the 2008 conflict, and thousands of individual applications from Crimea and the Donbas.

The UN International Court of Justice has also been the forum for Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v Russian Federation), filed by Ukraine on 9 May 2023, alleging that Russia’s educational and linguistic policies in Crimea violate the Convention. The ICJ granted provisional measures in part on 24 July 2023, ordering Russia to ensure educational rights for ethnic Ukrainians in Crimea. Russia has contested jurisdiction and the proceedings are at the preliminary objections stage.