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Ukraine’s top prosecutor wants the International Criminal Court to investigate the attack on the Kyiv hospital

By Stephanie van den Berg

THE HAGUE (Reuters) – Ukraine’s top prosecutor has called on the International Criminal Court to prosecute Russia over a missile attack on a children’s hospital in Kyiv earlier this week.

On Monday, one of the heaviest air strikes since the start of the war with Russia took place in the Ukrainian capital. According to Ukrainian authorities, at least 44 people were killed in the attacks across the country, including two adults in the Okhmatdyt children’s hospital.

“In the interests of international justice, cases such as the deliberate attack on the largest children’s hospital in Kyiv are worth referring to the ICC,” Attorney General Andriy Kostin said late Thursday in an interview with Reuters in The Hague, where the ICC is based.

Moscow denies attacking the hospital and blames Ukrainian missile defense fire for hitting the clinic. It is one of Europe’s largest hospitals, treating patients with serious illnesses such as cancer and kidney disease.

A UN human rights mission said there was a “high probability” that the hospital was hit directly by a Russian missile, and the Ukrainian security service said it had clear evidence that the medical facility was hit by a Russian Kh-101 cruise missile.

Kostin, who is in The Hague for regular meetings with justice officials, said if the ICC took over prosecution in the hospital attack, it could help uncover a pattern of attacks that shows Russia is committing crimes against humanity in Ukraine.

The ICC prosecutor’s office said on Tuesday that one of its teams had visited the site of the attack on the hospital. While the ICC does not publicly comment on which charges it is investigating, it warns that anyone found responsible for attacks on civilian facilities could face criminal prosecution.

It has issued six arrest warrants for alleged Russian crimes in Ukraine, including one against President Vladimir Putin.

Moscow has repeatedly denied allegations that its armed forces have committed atrocities since invading its neighbouring country.

Kostin said the decision to initiate prosecution rests with the ICC prosecutor, adding that Ukraine is ready to provide the court with any evidence or details of its investigation.

He said that while Ukrainian authorities were investigating all of Monday’s attacks, they could only bring charges of war crimes and not the more serious offense of crimes against humanity because these are not part of Ukraine’s criminal code.

A central element of prosecution of crimes against humanity is the proof of systematic attacks on civilians, said Kostin.

β€œIt is important to show that Russia itself is a criminal state at the moment,” he said.

(Reporting by Stephanie van den Berg; editing by Helen Popper)