The voice of the international community pursuing the "war crimes" of the Russian army is increasing day by day.


Under such circumstances, the ICC = International Criminal Court, which investigates and judges criminal acts in wars and ethnic conflicts around the world, is attracting attention.


What does Kuniko Ozaki (currently a specially appointed professor of the Faculty of Law, Chuo University), who served as a judge in this court, see what is happening in Ukraine now?

I interviewed you.


(Interviewer, International Department, Tamura Galaxy, News Watch 9, Hiroki Fujishige)

What is the International Criminal Court in the first place?

Before we get into the content of the interview, let's take a look at the basics.


The International Criminal Court was established in The Hague, the Netherlands in 2002.


It is a court for investigating and judging individuals who have committed inhumane acts in wars and ethnic conflicts around the world.

What are you doing specifically?

The pursuit of criminal liability is basically carried out in the courts of each country.


However, after the end of the Cold War, when the genocide in the former Yugoslavia and Rwanda in Africa triggered the investigation and prosecution in the countries concerned, a permanent organization was sought to take responsibility instead.



As a result, the International Criminal Court was born.


It is also called the "last fortress" of the rule of law in the international community.



The crimes under its jurisdiction are

▽ "genocide crimes"

that cause


harm to groups such as ethnic groups with the intention of destroying them .

These include "war crimes" that violate international humanitarian law, which stipulates the protection of civilians and the treatment of prisoners.

From 2010 to 2019, Mr. Ozaki, who spoke to us this time, has faced various crimes related to war and conflict as a judge at the International Criminal Court.





What is your impression of seeing the damage caused by this military invasion?

(Hereafter, an interview with Mr. Ozaki)


It is very likely that something that probably falls under the category of "war crimes" is being carried out.


As far as the footage is concerned, or according to media reports, it is clear that non-combatants, civilians, have been killed without weapons or in a non-fighting state.


Moreover, it seems that there are quite a few people.


Of course, killing one person is a "war crime", but when it comes to a considerable number of people, it is also a "crime against humanity".



Other than that, according to the media, attacks on places like hospitals, or atrocities such as amputation of the body, etc. are also reported, so if so, "war crimes" I think it is extremely likely that it falls under the category of "crimes against humanity."



The killing of non-combatants is clearly a "war crime", and it is also clear that it is not a military goal, especially a hospital, but a deliberate attack rather than a mistake. I think it falls under the category of "war crimes."

What is the difference from what you have seen as a judge?

"War crimes" and "crimes against humanity" in the trials I have actually been involved in are trials of cases that occurred 7 to 8 years or more before the actual trials, and dig up evidence. In most cases, it was very difficult.


This time, various evidences came out immediately after the crime was committed, and various facts are being understood, but the overall scale is not yet known.


This is incomparable, as it is not just the numbers that are being reported now, but it will spread further in the future and may be even more dire than it is now.



However, by comparison, there is a very famous case in Srebrenica, Bosnia and Herzegovina, former Yugoslavia, where more than 5,000 people were killed and certified as "genocide".


I remembered it a little.

At this time as well, I think that the fact that the investigator entered the scene relatively quickly led to the case.



Perhaps there will be various difficulties in the future, but since it is completely different from the case that occurred 10 years ago, it will be an easy case to investigate from the viewpoint of collecting evidence and preserving evidence. I think it will be.

What about Putin's prosecution?

I think this is quite difficult.


Of course, I think it is possible to prosecute up to the level of the local military commander.


I think it is possible to prosecute President Putin if he knows how much he knew, for example, he had clearly instructed him.


However, I think that the question of how to take responsibility is something that must be investigated fairly properly.

Of course, it is the strongest to actually instruct, but in addition to that, for example, there is a "principle of superior responsibility" in international criminal law, and a responsible leader is committing a crime by his subordinates. There is also a way to take responsibility such as not doing anything while knowing, so I think that depends on future investigations.



However, it is very difficult to secure yourself even if you have the feeling that you will be able to prosecute.


If you do not arrest, the trial will not begin.


Since Russia is not a party to the regulations of the International Criminal Court, it is unlikely that President Putin will be handed over from the Russian side, so I think it will be how to secure his position.


Isn't that the most difficult point?

What is the possibility of giving it to the ceasefire negotiations?

I think that international pressure on the ceasefire will naturally increase, so I think it is how Russia will take it.



On the other hand, for example, as a condition of ceasefire or peace, I think it is possible that the Russian side will ask not to prosecute such war crimes.


I think it is quite difficult to deal with this, but I think it is necessary for not only Ukraine but the entire international community to take a closer look.

What is the importance of what is happening in Ukraine to the International Criminal Court?

I think this is a very big touchstone for the International Criminal Court.



Of course, whether the International Criminal Court can become a court that is properly trusted by the international community will be questioned, and at the same time, the international community itself will use the International Criminal Court to deal with such a dire situation. I think the question is whether it will be an international society that can be dealt with, or an international society that is not.



(The above was an interview with Mr. Ozaki on April 4th.)

The International Criminal Court investigation is now

The International Criminal Court announced on March 2 that it will begin investigating alleged "war crimes" and "crimes against humanity" in Ukraine.

On April 13, Khan, the chief prosecutor in charge, visited Bucha, where many civilians were found to have been killed after the withdrawal of Russian troops, and also visited the capital, Kieu, with Ukrainian Attorney General Benedictwa. He showed his willingness to embark on a full-scale investigation, such as having a meeting.