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Professor, University of Cambridge: The trial of Putin expedient

on Thu Apr 21, 2016 2:12 am
Professor at Cambridge University, author of "aggression against Ukraine: the land, the responsibility and international law," Thomas Grant in an interview with "Commander in Chief" said that individuals, including heads of State and Government, to be prosecuted in principle, but is subject to the conditions set out in the Statute of the International criminal Court.

"Rome Statute of the International Criminal Court provides the legal basis for the international prosecution of criminal responsibility. Individuals, including heads of state and government, in principle, subject to prosecution, but it is subject to the conditions set out in the Charter. These conditions include those relating to the jurisdiction of the Court ", - explained Grant.

He noted that the Russian Federation does not accept the jurisdiction of this court.

"However, the Court may exercise jurisdiction over the crime, if" the state in whose territory the conduct in question occurred "recognized its jurisdiction. There is no doubt that in various parts of the territory of Ukraine, including Kiev, Donetsk and Lugansk, Crimea and the actions that took place in November of 2013, is a serious concern. How to know your readers with Ukraine April 17, 2014 declared that it accepts the jurisdiction of the Court with respect to the events in Ukraine, which took place from 21 November 2013 to 22 February 2014. And that Ukraine, as of September 8, 2015 has declared that it accepts the jurisdiction in respect of acts on the territory of Ukraine of February 20, 2014 and so on ", - the professor said.

He stressed that the prosecutor (whose mandate is based on the Statute of the Court) has opened a preliminary examination on the situation in Ukraine, in order to determine whether there are criteria for the initiation of an investigation.

"Given the fact that the prosecutor opened a preliminary examination, it can be concluded that the situation in Ukraine does not go beyond the Court's jurisdiction. There is a chance that the court has jurisdiction. The next step is to achieve prosecutors determine whether, in accordance with Article 53, paragraph 1, there is a reasonable basis for continued investigation of the events in Ukraine. To achieve this determination, the Prosecutor must consider, there are reasonable grounds to believe that the crime falls under the jurisdiction of the Court; or the case was admissible; and whether this behavior (Russia) sufficiently serious and affect the interests of their victims to such an extent that the investigation would serve the interests of justice. In my opinion, this behavior seriously affect the interests of the people of Ukraine. There can be no doubt that on this basis, an investigation is warranted. The difficulty is that, if the conditions are met jurisdiction and admissibility. This, in particular, are the questions that should answer the public prosecutor ", - summed up the grant.

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