When it comes to committing mass crimes in Ukraine, Russia is clearly the guilty party, despite attempts to pin blame on Kyiv's allies.
Heller and Trabucco argue nothing indicates Western arms delivered since Russia’s invasion were used to commit those alleged war crimes, “or that Ukraine is routinely committing war crimes.”
“Even acknowledging that Ukraine has committed war crimes during its conflict with Russia, the infrequence of their commission means that, at present, Western states can be neither virtually certain that Ukraine intends to commit future war crimes nor virtually certain that Ukraine will commit those crimes with their weapons. Far more persistent and systematic criminality would be required to implicate [Article] 16.
The ICC’s jurisdiction is limited to the most serious crimes: The crime of genocide; crimes against humanity; war crimes; and the crime of aggression.
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