UN human rights experts on Feb. 4 decried Russia's conviction of nine International Criminal Court (ICC) officials, calling the ruling a "flagrant violation of international law."

On Dec. 12, the Moscow City Court sentenced, in absentia, Prosecutor Karim Khan and eight ICC judges under the Russian Criminal Code for "unlawfully prosecuting Russian citizens in The Hague," and subsequently placed them on an international wanted list. Prosecutor Khan received a 15‑year prison term, with the others receiving sentences of between three and 15 years.

The experts stated that the ICC's prosecution of Russian citizens relates to alleged war crimes "committed in the context of Russia's war against Ukraine." They emphasized how Article 48 of the Rome Statute grants functional immunity to prosecutors and judges "acting in exercise of their official functions," and asserted that Russia's move was an attempt to intimidate and attack ICC officials:

The latest attack on ICC officials is part of a deliberate and calculated strategy which exposes the profound insecurity of a Government that fears accountability… Threats against the ICC promote a culture of impunity and send a dangerous signal, implying that States can use domestic jurisdictions to intimidate those tasked with investigating and prosecuting the most serious crimes under international law.

Noting that the trial was held in absentia, the experts called this a violation of due process and the right to a fair trial. They charged that the decision to try the officials in absentia was exemplary of Russia's broader pattern of using criminal proceedings in absentia against dissenters.

The UN called on the Russian government to withdraw the warrants, annul the convictions, comply with international law and human rights obligations, and "end the abuse of criminal law against international judicial officials."

From JURIST, Feb. 5. Used with permission.

See our last reports on Russian war crimes, the ICC case against Russia, and Great Power moves against the ICC.