International Criminal Court begins investigation into possible war crimes, genocide in Ukraine

The International Criminal Court (ICC) has begun an investigation to determine whether any war crimes, crimes against humanity or genocide have been committed in Ukraine.

In a statement released today, ICC Prosecutor Karim AA Khan said he has received referrals from 39 countries, including Australia, about the developments in Ukraine from late 2013, prior to Russia's annexation of Crimea.

"These referrals enable my office to proceed with opening an investigation into the situation in Ukraine from 21 November, 2013 onwards, thereby encompassing within its scope any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person," he said.

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"I have notified the ICC Presidency a few moments ago of my decision to immediately proceed with active investigations in the Situation. Our work in the collection of evidence has now commenced."

Mr Khan said there is already a "reasonable basis" to believe crimes have been committed.

"As mentioned in my statement of 28 February, in its preliminary examination of the situation in Ukraine, my office had already found a reasonable basis to believe crimes within the jurisdiction of the Court had been committed, and had identified potential cases that would be admissible," he said.

Confirmation the ICC has begun its investigation into possible war crimes follows accusations from Ukraine President Volodymyr Zelenskyy that Russia's invasion shows "signs of genocide".

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"What they are doing in Kharkiv, Okhtyrka, Kyiv, Odesa, and other cities and towns deserves an international tribunal," Mr Zelensky said in a video statement posted on Facebook on Monday.

"We are documenting their crimes. And there would have been many more of these crimes if it hadn't been for our courageous defenders.

"We have to call a spade a spade. Russia's criminal actions against Ukraine show signs of genocide."

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Ukrainian Prime Minister Denys Shmyhal has also accused Russia of war crimes.

Russia is not a signatory to the ICC — it withdrew in 2016 following its annexation of Crimea — so even if a Russian national is charged with war crimes or one of the other three offences the court can investigate, they would still need to be arrested in a country that is a signatory.

Ukraine is also not a signatory to the ICC, but has accepted its jurisdiction in the past.