LIKE in many national court jurisdictions, individuals ordered arrested by the International Criminal Court (ICC) on suspicion of having committed a crime are presumed innocent unless proved otherwise in a fair trial.
In the case of Russian President Vladimir Putin and his Commissioner for Children's Rights, Maria Lvova-Bolova, of whom the ICC recently issued a warrant of arrest for the war crime of unlawful deportation of children, and the transfer of children from occupied areas of Ukraine to the Russian Federation, many people, including those in media, have already been referring to them as 'war criminals.
But it seems some provisions of the Rome Statute as amended make it impossible for the ICC to prosecute Russia for the crime of aggression.While the Rome Statute included crimes of aggression on the list of crimes under the ICC jurisdiction, it left their full definition to future ICC meetings. As legal commentators have noted, this reflects the fact that the world was and is still in the process of criminalizing war as an instrument of foreign policy.
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