UN Experts Condemn Russia’s Conviction of ICC Prosecutor and Judges

The experts said the convictions are legally null and void and represent an unprecedented attempt by a State to criminalise the lawful judicial and prosecutorial functions of an international court.


Devdiscourse News Desk | Geneva | Updated: 05-02-2026 12:16 IST | Created: 05-02-2026 12:16 IST
UN Experts Condemn Russia’s Conviction of ICC Prosecutor and Judges
The experts noted that the charges stem directly from the ICC’s judicial activities related to alleged war crimes committed during Russia’s war against Ukraine. Image Credit: Pixabay

United Nations human rights experts have strongly condemned the Moscow City Court’s conviction of the Prosecutor of the International Criminal Court (ICC) and eight sitting ICC judges, calling the move a flagrant violation of international law and a direct attack on the independence of international justice.

The experts said the convictions are legally null and void and represent an unprecedented attempt by a State to criminalise the lawful judicial and prosecutorial functions of an international court.

“This is an unprecedented attempt to criminalise the exercise of independent judicial and prosecutorial functions of an international court,” the experts said, warning that the move undermines the global system of accountability for the gravest international crimes.


ICC Officials Convicted in Absentia, Sentenced to Prison

On 12 December 2025, the Moscow City Court convicted ICC Prosecutor Karim Khan and eight ICC judges on charges linked to the alleged “unlawful prosecution of Russian citizens”. The court imposed prison sentences ranging from 3.5 to 15 years, with Prosecutor Khan receiving the maximum 15-year sentence.

All nine officials were convicted in absentia, declared internationally wanted, and subjected to arrest warrants, despite not being present or represented in court.

UN experts stressed that such proceedings fall far short of basic international due process standards.

“Trials in absentia conducted without effective notification, access to independent legal counsel, or the possibility of mounting a defence violate minimum fair trial guarantees,” they said.


Retaliation for ICC War Crimes Investigations

The experts noted that the charges stem directly from the ICC’s judicial activities related to alleged war crimes committed during Russia’s war against Ukraine.

These include the March 2023 arrest warrants issued by the ICC against Russian President Vladimir Putin and Children’s Rights Commissioner Maria Lvova-Belova over the illegal deportation of Ukrainian children from occupied Ukrainian territories to Russia — acts the ICC considers potential war crimes.

According to the experts, prosecuting ICC officials for these actions amounts to retaliation against accountability mechanisms established under international law.


Functional Immunity Under International Law

The experts underscored that ICC judges and prosecutors are protected by functional immunity under the Rome Statute, which shields them from legal action for acts carried out in their official capacity.

“No domestic court may assert criminal jurisdiction over core judicial acts of an international tribunal,” they said.

They also warned that the proceedings violate Russia’s obligations under the International Covenant on Civil and Political Rights (ICCPR), including:

  • The prohibition of arbitrary detention

  • The right to a fair and independent trial

  • The principle of legality


Pattern of Transnational Repression

UN experts said the case reflects a broader pattern of transnational repression by Russian authorities, increasingly using criminal proceedings in absentia to target individuals beyond its borders.

Those affected include:

  • Exiled critics of the war in Ukraine

  • Human rights defenders and journalists

  • Academics

  • Individuals cooperating with UN mechanisms and international courts

“The latest attack on ICC officials is part of a deliberate and calculated strategy which exposes the profound insecurity of a Government that fears accountability,” the experts said.


Calls for Annulment and Compliance With International Law

The experts urged the Russian Government to:

  • Annul the convictions

  • Withdraw all arrest warrants

  • End the misuse of criminal law against international judicial officials

  • Cease intimidation of critics abroad

  • Comply fully with international human rights obligations

“No State may invoke sovereignty to shield itself from accountability,” they said.

They warned that attempts by Russia or any other UN Member State to undermine the ICC through intimidation or reprisals threaten the foundations of international law.

“These efforts to dismantle the architecture of international justice set a dangerous precedent and cannot be tolerated,” the experts said.

The UN experts confirmed they have formally communicated their concerns to the Russian Government.

 

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