The Hague Tribunal is unlikely to support Ukraine's claim against Russia
Experts consider it unlikely that the Hague Tribunal will take up Ukraine’s claim against Russia over Crimea and Donbass. And even if an investigation is ordered, it will be extremely difficult to prove Russia’s guilt in this case.
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In the coming weeks, the Ukrainian authorities will file a lawsuit against Russia at the International Criminal Court (ICC). This was announced yesterday by the Prosecutor General's Office of Ukraine, which “compiled” materials about violations of international human law allegedly committed by the Russian Federation during the annexation of Crimea, as well as crimes against humanity committed, according to Ukrainian investigators, by the authorities of the Russian Federation, DPR and LPR in the Donbass.
Vladimir Entin, a lawyer at the Klishin and Partners Bar Association, explained to Kommersant that if we are talking about the direct participation of the Russian Federation in the conflict, it must be proven that the Russian military was sent specifically to conduct hostilities, as a result of which massive violations of human rights occurred . “And it will be extremely difficult to do this,” he says.
Another problem is that the ICC may suspect political motives in the Ukrainian claim.
And finally, Russia cannot act as a defendant in the ICC, since it has not ratified the Rome Statute.
Human Rights Watch expert Elizabeth Evenson explained that the Ukrainian lawsuit could have negative consequences for Moscow: if a Russian citizen found guilty ends up on the territory of an ICC member country, he will be immediately arrested.
The Hague Tribunal is unlikely to uphold Ukraine's lawsuit against Russia.