Mar 3, 2022: According to a report by AFP, the International Criminal Court’s chief prosecutor said that an active probe into possible war crimes in Ukraine “will immediately proceed” after his office received the backing of 39 countries.

These include all EU member states, as well as Australia, the United Kingdom, Canada, New Zealand, Switzerland, and several Latin American countries. Karim Khan wrote in a statement: “I have just briefed the ICC President on my decision to move forward with an immediate and active investigation into the situation in Ukraine.” “Our work of gathering evidence has now begun,” he added.

Khan announced on Monday that he was launching an investigation into alleged war crimes committed after Russia’s invasion of Ukraine last week. Khan said he believed there was a “reasonable basis” for committing crimes within the jurisdiction of the court.

But he needed the judges of the Hague-based court to approve his decision before proceeding. Now, however, referrals from ICC countries mean that Khan’s investigation could continue without the judges’ approval, which could speed up the process.

“These referrals enable my office to proceed with opening an investigation into the situation in Ukraine from 21 November 2013 onwards,” Khan said.

That would include “any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person,” Khan said.

British Prime Minister Boris Johnson told parliament on Wednesday that Russian President Vladimir Putin had committed “war crimes” following the bombing of civilians in Ukraine, a echo of Ukrainian President Volodymyr Zelensky’s accusation. Khan, who was recently appointed prosecutor, said his investigation would be conducted “objectively and independently” and would focus on “ensuring accountability for crimes that fall within the jurisdiction of the ICC”. 

The Hague-based ICC was set up as an independent tribunal in 2002 to prosecute individuals on charges of genocide, war crimes and crimes against humanity. However, the ICC can only prosecute crimes committed on the territory of its 123 member states.