UN human rights experts on Feb. 4 decried [6] Russia's conviction [7] of nine International Criminal Court (ICC) officials, calling the ruling a "flagrant violation of international law."
After a trial held in absentia, the Moscow City Court on Dec. 12 sentenced [7] 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, including President Vladimir Putin, concerns charges of war crimes "committed in the context of Russia's war against Ukraine." They emphasized that Article 48 of the Rome Statute [9] grants functional immunity to prosecutors and judges "acting in exercise of their official functions," and asserted that Russia's move is an attempt to intimidate 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 in absentia criminal proceedings against dissenters.
The UN experts 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 [10], Feb. 5. Used with permission.
See our last reports on Russian war crimes [11], the ICC case against Russia [12], and Great Power moves against [13] the ICC.
