Prosecuting Aggression against Ukraine as an ‘Other Inhumane Act’ before the ICC

Abstract

This article revisits the possibility of prosecuting the underlying acts of aggression as crimes against humanity before the International Criminal Court, with specific reference to the February 2022 unlawful use of force against Ukraine by the Russian Federation. The authors argue that Russia’s unlawful use of force in breach of the right to self-determination of the Ukrainian people, which caused them great suffering or serious injury to mental/physical health, can be qualified as other inhumane acts under Article 7(1)(k) of the Rome Statute. While this approach has its challenges, it would allow the Court to prosecute the underlying acts of aggression as crimes against humanity avoiding the jurisdictional limitations that apply to the crime of aggression.