What is the International Criminal Court investigating in relation to Russian aggression against Ukraine?
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): Diplomatic Legal Hub
Publication Date (yyyy/mm/dd): 2026/07/03
By Scott Douglas Jacobsen
Independent Journalist and DLH Coordinator
International Criminal Court Jurisdiction and Scope
The International Criminal Court actively investigates alleged international crimes in the Situation in Ukraine. Alleged crimes committed in the context of the situation in Ukraine since November 21st, 2013, are under investigation. The Jurisdiction rests on Ukraine’s 2014 and 2015 Article 12(3) declarations, with January 1st, 2025, as the time of inclusion as a State Party to the Rome Statute. Six public arrest warrants have been issued against Russian officials for the situation in Ukraine, with no convictions so far.
Status of Suspects and Limits on Aggression Prosecution
All suspects, in other words, remain at large. No confirmation-of-charges hearings have occurred. That is to say, only a trial can determine guilt or innocence (a confirmation-of-charges hearing determines whether a case proceeds to trial). The International Criminal Court cannot realistically prosecute the crime of aggression against Russian nationals under the current Rome Statute jurisdictional framework. The reason: The Russian Federation is procedurally shielded from prosecution by the ICC. It is not a Rome Statute State Party and can veto a UN Security Council referral. Both provide enormous leverage and privilege in justice efforts.
Putin and Lvova-Belova Arrest Warrants
The highest severity cases for arrest warrant, again, “warrant” not automatic guilt or conviction, are both Russian Federation President Vladimir Putin and Commissioner for Children’s Rights Maria Lvova-Belova. The arrest warrants were issued on March 17th, 2023, for the war crimes of unlawful deportation and unlawful transfer of Ukrainian children from occupied territory to Russia. The legal basis is the Rome Statute Articles 8(2)(a)(vii) and 8(2)(b)(viii) in addition to citations of individual and superior responsibility. Public evidence includes adoptions, camps, documented movements of children, identity changes, public statements, Russian decrees, UN findings, and reporting by the Yale Humanitarian Research Lab.
Kobylash, Sokolov, Shoigu, and Gerasimov Warrants
The second set of major or high-severity cases was suspects Sergei Kobylash, Viktor Sokolov, Sergei Shoigu, and Valery Gerasimov. Kobylash and Sokolov were named in arrest warrants issued on March 5th, 2024. Shoigu and Gerasimov were named in arrest warrants issued on June 24th, 2024. The alleged period of the crimes pertains to October 10th, 2022, to at least March 9th, 2023. Kobylash and Sokolov were named in the warrants for alleged war crimes of directing attacks at civilian objects and the war crime of causing excessive incidental civilian harm or civilian-object damage.
Civilian Infrastructure Attacks and Evidence
Shoigu and Gerasimov were named in warrants for the identical war crimes allegations, in addition to the crime against humanity of inhumane acts. The evidence identified was a coordinated campaign, massive civilian harm, and more limited public evidence linking senior suspects to targeted strike decisions. OHCHR reported damage or destruction to at least 76 energy objects across 19 regions by March 2023, while later OHCHR reporting identified nine waves of large-scale attacks between March 22nd, 2024, and August 31st, 2024.
Other Investigation Clusters and ICC Enforcement Limits
Other clusters of investigations look to abuse or execution of Ukrainian prisoners of war, enforced disappearances, filtration, ill-treatment, sexual violence, summary executions, torture. These are potential areas for further investigation by the International Criminal Court. The ICC can investigate further, issue more warrants, request arrests, preserve evidence, and litigate state non-compliance. However, the ICC cannot arrest suspects itself. It has no police force to enforce such charges or sentences after conviction. In addition, and in a nuance, it generally cannot try accused individuals in absentia. Mongolia and Tajikistan were found to be non-compliant for failing to arrest Putin during his visits there. The largest accountability gap now is aggression. It may be addressed through a Special Tribunal for the Crime of Aggression against Ukraine. Ukraine and the Council of Europe signed the agreement establishing the tribunal on June 25th, 2025.
Active Claims and Warrants
All criminal claims and issued warrants remain active pending arrest, confirmation proceedings, and any eventual trial, all to determine the guilt or innocence of the Russian Federation’s senior state actors for the alleged crimes.
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