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European allies of Kyiv advocate for a tribunal to prosecute Russian leaders

Allies of Ukraine within the European Union have supported the establishment of a court to prosecute top Russian officials for their involvement in the invasion. The capital, Kyiv, is determined to see Vladimir Putin, Russia's president, himself face justice.

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Allies of Ukraine within the EU approve establishment of a court to prosecute top Russian officials...
Allies of Ukraine within the EU approve establishment of a court to prosecute top Russian officials due to the invasion, with a focus on bringing Vladimir Putin to trial.

European allies of Kyiv advocate for a tribunal to prosecute Russian leaders

A New Tribunal in the Making: Seeking Justice for Ukraine

The city of Lviv, western Ukraine, played host to a gathering of EU foreign ministers, April 9th – a symbolic show of support as Russia honored the end of World War II in Moscow with a grand military parade. This event comes amid escalating efforts to establish an international tribunal, aimed at bringing those responsible for Ukraine's aggression to justice.

The momentum behind the tribunal has been picking up speed since the reelection of Donald Trump, who has been courting Russian President Vladimir Putin with the hope of ending the war. Accusations of impunity for Putin and Russia's forces have become increasingly unsettling, fueling concerns they might evade judgment altogether.

EU top diplomat, Kaja Kallas, was unequivocal about the importance of the tribunal: "There is no space for impunity. Russia's aggression cannot go unpunished, and therefore, establishing this tribunal is extremely important."

In light of the International Criminal Court (ICC) in The Hague's issuance of arrest warrants for Putin and other Russian officials involved in the forced deportation of children and attacks on Ukraine's energy targets, the new tribunal will provide critical jurisdiction to prosecute Moscow for the fundamental decision to launch the invasion.

However, the tribunal will likely not have the authority to try Putin or other high-ranking Russian officials while they are in office due to the principle of international law granting immunity to presidents, prime ministers, and foreign ministers. The tribunal is expected to be established to pass sentences in the future, making accountability possible after these individuals have left their respective positions.

The Ukrainian Foreign Minister, Andriy Sybiga, urged for the "inevitable punishment for all," including Russian officials at the highest level of government. Putin's commemoration of the Soviet victory over Nazi Germany on this same day was a poignant reminder of the stakes involved.

Fears of Russian officials evading justice have been lurking since Trump initiated a rapprochement with Putin in the hopes of ending the war. However, under former president Joe Biden, the US played a critical role in pushing talks on setting up the court. Kallas expressed hope that the US would soon rejoin the initiative.

With the political backing now secured, the Secretary-General of the Council of Europe (CoE), Alain Berset, urged for funding and concrete support to bring the court to life. He asserted that the time for states to act was now: "This is the moment for states to follow up on the political will they have shown today."

Current Progress and Objectives

  • Status: The tribunal is in the process of establishment, with key documents such as an agreement with Ukraine, the tribunal's statute, and administrative agreements being finalized and expected to be signed by the end of May 2025.
  • Jurisdiction: The tribunal is expected to be based in The Hague and will derive its jurisdiction from Ukraine, allowing it to investigate, prosecute, and try individuals involved in the conflict.
  • International Cooperation: The establishment of the tribunal enjoys support from a coalition of about 40 states known as the Core Group, which includes Ukraine, the EU, and other international partners.

Mission and Engagements

  • Mission: The primary objective of the tribunal is to hold accountable those responsible for the crime of aggression against Ukraine. This includes investigating and prosecuting Russian leaders and military personnel involved in the conflict.
  • U.S. and EU Involvement: While the US has yet to reaffirm its commitment to the tribunal, the EU has been actively involved in the efforts to establish the court, with the EU committing to ensuring full accountability for the crime of aggression and other international crimes in Ukraine. The Core Group, comprising the EU, has played a significant role in the technical preparations for the tribunal. The ICC, supported by many EU member states, is also part of the international coalition backing the tribunal.
  • The international coalition, consisting of around 40 states including Ukraine and the European Union, is backing the establishment of the tribunal in The Hague to hold accountable those responsible for the aggression against Ukraine.
  • The United States has been influential in pushing talks on setting up the tribunal under President Joe Biden, hoping to ensure full accountability for the crime of aggression and other international crimes in Ukraine.
  • The primary mission of the tribunal is to investigate, prosecute, and try Russian leaders and military personnel involved in the conflict, taking advantage of its jurisdiction derived from Ukraine.
  • Although the US has yet to reaffirm its commitment, the European Union has been actively engaged in the technical preparations for the tribunal, ensuring that the tribunal will have the necessary support and funding to come to life.

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