A tribunal established to address Ukraine-related crimes, supported by international leaders.
Unleashing Justice: The Special Tribunal for the Crime of Aggression against Ukraine
The world has taken a decisive step forward in seeking to hold those responsible for Russia's invasion of Ukraine accountable, as 40 world leaders announced their backing for a novel international court. This special tribunal aims to prosecute high-ranking Russian leaders for the "crime of aggression," a foundational evil that's alleged to underpin the countless war crimes Ukraine accuses Russia's forces of committing since the war began in 2022.
As Russia refuses to join the International Criminal Court (ICC), it can't be prosecuted for starting the conflict. In response, Ukrainian and European leaders have proposed a special tribunal to ensure that Russian leaders answer for their actions. The court will be formed following a joint agreement between Ukraine and the Council of Europe, Europe's leading human rights organization.
What is the Special Tribunal for the Crime of Aggression against Ukraine?
Kyiv has long championed the creation of a special tribunal that goes beyond prosecuting war crimes, encompassing claims such as bombing civilian infrastructure, killing civilians, rape, hostage-taking, and torture. Russia denies these allegations, but Ukraine persistently presses for justice.
Back in 2023, Ukrainian President Volodymyr Zelensky emphasized the need for bold decisions to rectify the shortcomings in international law. Special tribunals similar to this have been established after notable events like World War II, the Balkan wars, and the 1994 Rwandan genocide.
The institution will be funded by the countries backing it, comprising the Netherlands, Japan, Canada, and others. The United States backed the project under President Biden, but President Trump's administration declined support.
On Friday, Ukraine's Foreign Ministry heralded the completion of essential legal work required for the tribunal's establishment. Later this month, the court will be formalized at a Committee of Ministers of the Council of Europe in Luxembourg.
When operational, the tribunal will focus on prosecuting Russian leaders most responsible for the full-scale invasion of Ukraine, which commenced in 2022.
The Crime of Aggression: A Fateful Deed
The crime of aggression represents the planning and implementation of a large-scale military invasion of another country. Iva Vukusic, an international law expert at the University of Utrecht, explained that it's a "mother of all other crimes" because it precedes all other crimes, including war crimes, crimes against humanity, and even genocide.
Instead of pursuing foot soldiers for aggression, the tribunal plans to target around 20 to 30 high-ranking officials. This move is reminiscent of the Nuremberg trials following World War II, which convicted a dozen Nazi leaders for what was then referred to as "a crime against peace." It's worth noting that no one has been convicted of aggression since then.
Will the tribunal prosecute Putin?
Although international law provides immunity to the troika (consisting of a country's head of state, head of government, and foreign affairs minister) as long as they remain in office, the tribunal could initiate proceedings against Putin and wait for his departure before proceeding with a trial. There's no statute of limitations on the crime of aggression.
The court will have the power to hold trials in absentia, though someone convicted in such a manner would retain the right to a retrial if they're apprehended.
International Justice in the Face of Challenges
The creation of the special tribunal seeks to address the void left by the limitations of the ICC. While the Hague-based court can persecute Russian nationals for genocide, war crimes, and crimes against humanity, it lacks the jurisdiction to prosecute Russians for instigating the invasion itself. The 2002 Rome Statute that created the ICC was amended in 2010 to include the crime of aggression, but only for countries that have joined the court, which Russia is not. The ICC has already issued arrest warrants for Putin and five other officials for their role in atrocities committed during the war.
The city of The Hague has been suggested as a possible location for the tribunal, given its existing judicial institutions and connections to the ICC. Backers hope that the institution will be up and running by early 2026.
This article by Quell and Kullab was first published by the Associated Press.
Further Reading
- Voices ### Calmes: Trump Blows His Horn About American Power and Respect as He Trades It Away
Trump Repeats False Claims About Russia's War on Ukraine: Let's Set the Record Straight
Massive Kyiv Strike Claims At Least 12 Lives: The Largest Attack on Ukrainian Capital Since Last Summer
- The special tribunal for the crime of aggression against Ukraine, a novel international court, aims to hold high-ranking Russian leaders accountable for this foundational evil that allegedly underpins numerous war crimes Ukraine accuses Russia's forces of committing.
- The creation of the special tribunal follows a joint agreement between Ukraine and the Council of Europe, and is backed by the Netherlands, Japan, Canada, and other nations.
- The crime of aggression, being the planning and implementation of a large-scale military invasion of another country, is considered a "mother of all other crimes" because it precedes all other crimes, including war crimes, crimes against humanity, and genocide.
- The tribunal plans to target around 20 to 30 high-ranking Russian officials for their roles in the full-scale invasion of Ukraine that commenced in 2022.
- Although international law provides immunity to a country's head of state, head of government, and foreign affairs minister while in office, the tribunal could initiate proceedings against President Putin and wait for his departure before proceeding with a trial.
- The void left by the limitations of the International Criminal Court (ICC) is being addressed by the special tribunal, as the ICC lacks jurisdiction to prosecute Russians for instigating the invasion themselves.
- The article was first published by the Associated Press, and further reading may include articles on massacres and political commentaries related to the Ukrainian crisis and American foreign policy.
