International Criminal Court—the Central Figure of Transitional Justice? Tailoring Post-violence Strategies, with Special Reference to Ukraine
International Criminal Court—the Central Figure of Transitional Justice? Tailoring Post-violence Strategies, with Special Reference to Ukraine

Summary/Abstract: This paper is devoted to analysing the factual and potential influence of the International Criminal Court (ICC) in a conflict and post-conflict environment. It is argued that the ICC’s capacity has to be measured by its ability to tackle the “hard-cases,” both geopolitically and legally, and to serve as a real means of implementing transitional justice strategies applied by post-violence societies. The initial evaluation of the ICC’s capacity in the field of international and transitional justice is compared with the current situation in Ukraine, since Kyiv has lodged two ad hoc declarations under Article 12 (3) of the Rome Statute. The first accepted the jurisdiction of the ICC with reference to “Maidan crimes” that occurred during the winter of 2013 to 2014, and the second covers the possibility of crimes against humanity and war crimes committed in the course of warfare in the Donbas region. Undoubtedly, careful analysis of the ICC’s presence in the Ukrainian crisis is required.

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