Russian military leaders

The Pre-Trial Chamber II of the International Criminal Court (ICC) has issued arrest warrants for former Russian Defence Minister Sergei Shoigu and Chief of the General Staff of the Russian Armed Forces Valery Gerasimov.

The charges relate to attacks on Ukraine’s energy infrastructure.

The court’s statement detailed that the warrants were issued by judges Rosario Salvatore Aitala (presiding), Sergio Gerardo Ugalde Godínez, and Heikel Ben Mahfoudh.

The crimes are alleged to have occurred between at least 10 October 2022 and 9 March 2023.

Shoigu and Gerasimov are charged with war crimes, specifically attacks on civilian objects, excessive incidental harm to civilians or civilian objects, and crimes against humanity, as per Articles 8(2)(b)(ii) and 8(2)(b)(iv), and Article 7(1)(k) of the Rome Statute, respectively.

The warrants were issued following requests from the prosecution. The Pre-Trial Chamber II believes there are reasonable grounds to suspect that both Shoigu and Gerasimov were responsible for missile strikes conducted by the Russian armed forces on Ukrainian electrical infrastructure within the specified period. These attacks targeted numerous power stations and substations across Ukraine.

The Chamber further determined that the Russian campaign of strikes represented a pattern of conduct involving repeated acts against civilians, carried out according to state policy as understood under Article 7 of the Rome Statute.

The ICC’s investigation into Russian strikes on Ukraine’s energy sector marks a significant development, with the first arrest warrants already issued.

The court stressed that there is sufficient reason to believe the suspects intentionally inflicted severe suffering or serious bodily harm, leading to their criminal responsibility for crimes against humanity and other inhumane acts as outlined in Article 7(1)(k) of the Rome Statute.

Details of the warrants have been classified to protect witnesses and ensure the security of the investigation. However, the court deemed it necessary to publicise the warrants to help prevent further crimes, as stipulated under Article 58(1)(b)(iii) of the Rome Statute.

Previously, the ICC issued arrest warrants for Sergei Kobylash, Commander of the Long-Range Aviation of the Russian Aerospace Forces, and Viktor Sokolov, Commander of the Black Sea Fleet of the Russian Navy, in connection with the investigation into attacks on Ukraine’s energy infrastructure.

On 17 March 2023, the ICC’s Pre-Trial Chamber II issued arrest warrants for Russian President Vladimir Putin and Maria Lvova-Belova, accusing them of the war crime of unlawful deportation and transfer of children from occupied areas of Ukraine to Russia, starting from at least 24 February 2022.

Following these actions, Russia severed all ties with the ICC. The Russian Investigative Committee filed charges against the ICC prosecutor and judges, and the Russian Ministry of Internal Affairs placed ICC President Piotr Hofmański on the wanted list. Additionally, ICC Judge Tomoko Akane, who issued the warrant for Putin, and Maria Lvova-Belova, Russia’s Commissioner for Children’s Rights, were also declared wanted under Russian criminal law.