Today, 5 March 2024, Pre-Trial Chamber II of the International Criminal Court (“ICC” or “Court”), composed of Judge Rosario Salvatore Aitala, Presiding, Judge Tomoko Akane and Judge Sergio Gerardo Ugalde Godinez issued warrants of arrest for two individuals, Mr Sergei Ivanovich Kobylash and Mr Viktor Nikolayevich Sokolov, in the context of the situation in Ukraine for alleged crimes committed from at least 10 October 2022 until at least 9 March 2023.
Mr Sergei Ivanovich Kobylash, born on 1 April 1965, a Lieutenant General in the Russian Armed Forces, who at the relevant time was the Commander of the Long-Range Aviation of the Aerospace Force, and Mr Viktor Nikolayevich Sokolov, born 4 April 1962, an Admiral in the Russian Navy, who at the relevant time was the Commander of the Black Sea Fleet, are each allegedly responsible for the war crime of directing attacks at civilian objects (article 8(2)(b)(ii) of the Rome Statute) and the war crime of causing excessive incidental harm to civilians or damage to civilian objects (article 8(2)(b)(iv) of the Rome Statute), and the crime against humanity of inhumane acts under article 7(1)(k) of the Rome Statute. There are reasonable grounds to believe they bear individual criminal responsibility for the aforementioned crimes for (i) having committed the acts jointly and/or through others (article 25(3)(a) of the Rome Statute), (ii) ordering the commission of the crimes, and/or (iii) for their failure to exercise proper control over the forces under their command (article 28(a) of the Rome Statute).
The two warrants of arrest were issued following applications filed by the Prosecution. Pre-Trial Chamber II considered that there are reasonable grounds to believe that the two suspects bear responsibility for missile strikes carried out by the forces under their command against the Ukrainian electric infrastructure from at least 10 October 2022 until at least 9 March 2023. During this time-frame, there was an alleged campaign of strikes against numerous electric power plants and sub-stations, which were carried out by the Russian armed forces in multiple locations in Ukraine.
Pre-Trial Chamber II found that there are reasonable grounds to believe that the alleged strikes were directed against civilian objects, and for those installations that may have qualified as military objectives at the relevant time, the expected incidental civilian harm and damage would have been clearly excessive to the anticipated military advantage.
Pre-Trial Chamber II also considered that the alleged campaign of strikes qualifies as a course of conduct involving the multiple commission of acts against a civilian population, pursuant to a State policy, in the meaning of Article 7 of the Statute. As such, there are reasonable grounds to believe that the suspects also bear responsibility for the crime against humanity of ‘other inhumane acts […] intentionally causing great suffering, or serious injury to body or to mental or physical health’, as per article 7(1)(k) of the Rome Statute.
The content of the warrants is issued ‘secret’ in order to protect witnesses and to safeguard the investigations. However, mindful that conduct similar to that addressed in the present situation, which amounts to violations of international humanitarian law, is alleged to be ongoing, the Chamber considers that public awareness of the warrants may contribute to the prevention of the further commission of crimes. Therefore, Pre-Trial Chamber II considers it to be in the interest of justice to authorise the Registry to publicly disclose the existence of the warrants, the name of the suspects, the crimes for which the warrants are issued, and the modes of liability.
