Le iniziative internazionali e dell'UE rispetto ai crimini compiuti nella guerra in Ucraina

Abstract

The present article analyses the International Community and the EU initiatives to prosecute the international crimes allegedly committed in the Russian-Ukrainian war, taking into particular account the role of the International Criminal Court and the proposals to establish an international ad hoc mechanism to prosecute the crime of aggression against Ukraine. Since aggression is “a leadership crime”, this raises the issue whether immunity from criminal jurisdiction provided by international customary law for Heads of State, Heads of Government and Ministries of Foreign Affairs, extends to the commission of international crimes, so to preclude the exercise of jurisdiction over Putin.