JOURNAL ARTICLE

The Joint Investigation Team in Ukraine: An Opportunity for the International Criminal Court?

  • Published In: Chinese Journal of International Law, 2023, v. 22, n. 1. P. 103 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Tan, Yudan; Yang, Suhong 3 of 3

Abstract

The article examines the participation of the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) in a joint investigation team (JIT) established during the 2022 Russia-Ukraine war to investigate alleged core international crimes in Ukraine. This JIT, supported by the European Union Agency for Criminal Justice Cooperation (Eurojust) and involving seven States alongside the OTP, represents a novel approach to implementing the ICC's policy of proactive complementarity, which encourages cooperation and assistance between the ICC and national jurisdictions. The OTP's involvement facilitates two-way cooperation, enhances evidence sharing, and supports national prosecutions, but also raises challenges related to the OTP's independence, resource limitations, jurisdictional complexities, and the potential impact of alternative justice mechanisms such as amnesties. Overall, the JIT in Ukraine offers a unique modality for the ICC to strengthen domestic investigations and prosecutions amid an ongoing armed conflict while navigating legal and operational challenges.

Additional Information

  • Source:Chinese Journal of International Law. 2023/03, Vol. 22, Issue 1, p103
  • Document Type:Article
  • Subject Area:Military History and Science
  • Publication Date:2023
  • ISSN:1540-1650
  • DOI:10.1093/chinesejil/jmad005
  • Accession Number:163883126
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