Joint Statement of Human Rights Center and Norwegian Helsinki Committee regarding Russia’s Withdrawal from Rome Statute

Human Rights Center and Norwegian Helsinki Committee Express Support to Investigation into the 2008 August War by International Criminal Court notwithstanding the Obstacles Presented by Russia.

 

On November 16, 2016, the Russian government declared that it is not going to ratify the Rome Statute and commenced the procedure to withdraw its signature from the Statute. This decision followed the preliminary conclusions of the Office of the Prosecutor of International Criminal Court (ICC) which classified Russia's invasion of Crimea as an international armed conflict.

Russia signed the Rome statute, the founding document of ICC in 2000, but had not ratified the treaty and thus remained outside the ICC’s jurisdiction. Although the Russian Federation was not a part of the Statute formally, there was some chance that it would cooperate with The Hague International Criminal Court for the investigation of the 2008 August War . However, with the recent action, Russian side demonstrated its reluctance to cooperate with the Court for any matter, including the investigation of 2008 August War. 

This situation leaves little possibility for the Prosecutor’s Office of the ICC to enter the territory of the de-facto South Ossetia, which would entail a serious obstacle for the investigation into the alleged war crimes committed during 2008 August War. However, notwithstanding the obstacles presented by Russia, Human Rights Center and Norwegian Helsinki Committee consider that the Court should anyway pursue the investigation and look for the ways for accessing relevant sites, evidence and witnesses. 

The alleged war crimes have been committed in Georgia, which has ratified the Rome State and recognizes the jurisdiction of the Court. Thus, the Court has full legal ground to pursue the investigation.

The decision of Russia underlines that all other parties, from Georgian authorities, to civil society and other ICC members states, need to support the investigation.

Human Rights Center represents interests of 193 victims of the war before the International Criminal Court. Human Rights Center and Norwegian Helsinki Committee express support for the ICC, and for the investigation opened into the 2008 war.

Human Rights Center

Norwegian Helsinki Committee