ICC issues arrest warrant for former Russian defence minister and head of Russia's General Staff
The Pre-Trial Chamber II of the International Criminal Court (ICC) has issued arrest warrants for Sergei Shoigu, former minister of defence of Russia, and Valeriy Gerasimov, the head of the General Staff of the Armed Forces of Russia.
The decision was made by Judge Rosario Salvatore Aitala, Presiding, Judge Sergio Gerardo Ugalde Godínez and Judge Haykel Ben Mahfoudh "in the context of the situation in Ukraine for alleged international crimes committed from at least 10 October 2022 until at least 9 March 2023".
"At the time of the alleged conduct, are each allegedly responsible for the war crime of directing attacks at civilian objects (article 8(2)(b)(ii) of the Rome Statute) and the war crime of causing excessive incidental harm to civilians or damage to civilian objects (article 8(2)(b)(iv) of the Rome Statute), and the crime against humanity of inhumane acts under article 7(1)(k) of the Rome Statute," the ICC ruled.
Both arrest warrants were issued based on the requests submitted by the prosecution.
"Pre-Trial Chamber II considered that there are reasonable grounds to believe that the two suspects bear responsibility for missile strikes carried out by the Russian armed forces against the Ukrainian electric infrastructure from at least 10 October 2022 until at least 9 March 2023," the ICC stated.
The Russian armed forces conducted numerous strikes against various electric power plants and substations in various locations in Ukraine during this period.
Pre-Trial Chamber II also concluded that, in accordance with article 7 of the Statute, the purported campaign of strikes qualifies as a course of conduct involving the repeated commission of acts against a civilian population, carried out in accordance with State policy.
"Therefore, there are reasonable grounds to believe that the suspects intentionally caused great suffering or serious injury to body or to mental or physical health, thus bearing criminal responsibility for the crime against humanity of other inhumane acts, as defined in article 7(1)(k) of the Rome Statute," the ICC ruled.
The content of the warrants are classified to protect witnesses and to safeguard the investigations.
"However, mindful that conduct similar to that addressed in the warrants of arrest, which amounts to violations of international humanitarian law, appears to be ongoing, the Chamber considered that public awareness of the warrants may contribute to the prevention of the further commission of crimes pursuant to article 58(1)(b)(iii) of the Rome Statute," the court added.
On 17 March 2023 the Pre-Trial Chamber II issued arrest warrants for Russian ruler Vladimir Putin and Maria Lvova-Belova, Russian Presidential Commissioner for Children's Rights.
They are suspected of committing the war crime of illegal deportation and displacement of children from occupied territories of Ukraine to the Russian Federation, which has been ongoing at least since 24 February 2024.
Later, Russia severed all ties with the International Criminal Court (ICC). Russia’s Investigative Committee indicted the prosecutor and the judges of the ICC on 21 May.
After that the Ministry of Defence of Russia put Piotr Hofmański, the head of the ICC, on the wanted list. Tomoko Akane, the ICC judge who issued the arrest warrant for Vladimir Putin and Maria Lvova-Belova was also put on the wanted list.