Ukraine’s top prosecutor calls for Russia’s prosecution by International Criminal Court over attack on children’s hospital
Ukraine’s top prosecutor has called for the International Criminal Court (ICC) to prosecute Russia over a missile strike on a children’s hospital in Kyiv earlier this week.
Ukraine’s capital suffered on Monday one of its worst days of air strikes since the start of Russia’s war, with attacks across the country killing at least 44 people including two adults at Okhmatdyt children’s hospital, Ukrainian officials have said.
“For the sake of international justice, cases like the intentional attack on the biggest child hospital in Kyiv (are) worth lifting to the ICC,” Prosecutor General Andriy Kostin said in an interview in The Hague, where the ICC is based.
Kostin, in The Hague for regular meetings with legal officials, said on Thursday that if the ICC took on the prosecution of the hospital strike, it could help establish a pattern of attacks that show Russia is committing crimes against humanity in Ukraine.
The governing body of the UN’s nuclear watchdog passed a resolution on Friday, expressing “serious concern” over the strike which has sparked international condemnation, with Kyiv requesting the International Atomic Energy Agency (IAEA) hold an emergency meeting.
The hospital receives technical cooperation support from the IAEA to treat cancer patients, including through a radiology centre.
In the resolution, the IAEA’s 35-nation board of governors stressed the hospital’s “vital role” in the treatment of paediatric cancer in Ukraine.
The board also condemned the disruption of the agency’s technical assistance to Ukraine due to Moscow’s strike.
Russia denies attacking the hospital and has blamed Ukrainian anti-missile fire for the hit on the clinic, which is one of Europe’s largest and treats patients with serious conditions such as cancer and kidney disease.
A UN rights mission has said there is a “high likelihood” the hospital took a direct hit from a Russian missile, and Ukraine’s security service said it had unequivocal evidence the medical facility was hit by a Russian Kh-101 cruise missile.
The ICC’s Office of the Prosecutor said on Tuesday one of its teams had visited the site of the hospital strike. While the ICC does not publicly comment on which indictments it is investigating, it has warned that anyone deemed responsible for attacking civilian sites could be prosecuted.
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It has issued six arrest warrants for alleged Russian crimes in Ukraine including one against President Vladimir Putin.
Moscow has repeatedly denied accusations that its forces have committed atrocities since it invaded its neighbour.
Kostin said the decision to prosecute lies with the ICC’s prosecutor, adding that Ukraine was ready to share any physical evidence or details of its investigation with the court.
He said that while Ukrainian authorities were looking into all of Monday’s attacks, they can only bring charges of war crimes and not the more serious offence of crimes against humanity because they are not part of Ukraine’s criminal code.
A key element of prosecutions for crimes against humanity involves demonstrating systematic attacks on civilians, Kostin said.
“It’s important to show that Russia itself, at the moment, is a criminal state,” he said.
Additional reporting by Agence France-Presse
