Prosecuting in a Time of War: Aggression, Immunities, and the Preservation of Evidence in Ukraine

In the midst of Russian aggression, on 2 March 2022, the Prosecutor of the International Criminal Court (ICC) formally opened an investigation into crimes committed in Ukraine since November 2013. The Situation in Ukraine poses numerous political and legal challenges for prospective cases at the court. This article confronts three of these foremost challenges. First, the future ability of the court to prosecute the crime of aggression. Secondly, the question of immunity of officials of a non-state party to the Rome Statute, such as Russia; and thirdly, preserving vulnerable evidence with a view to maximising public accountability and the deterrence of future crimes.