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International supporters of Kyiv advocate for a judicial body to prosecute Russian leaders

Allies of Ukraine within the European Union have supported the establishment of a tribunal to prosecute Russia's high-ranking officials in relation to the invasion. This move comes as Ukraine seeks accountability, specifically targeting Russian President Vladimir Putin for potential prosecution.

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Allies of Ukraine in the EU on Friday approved the establishment of a tribunal intended to...
Allies of Ukraine in the EU on Friday approved the establishment of a tribunal intended to prosecute Russia's high-ranking officials in relation to the invasion, with a focus on bringing Vladimir Putin to court.

International supporters of Kyiv advocate for a judicial body to prosecute Russian leaders

In Support of Justice: A New International Tribunal for Ukraine

A symbolic gathering of EU foreign ministers was underway in Lviv—a western Ukrainian city—same day as Russia marked the end of World War II with a grand military parade in Moscow. The European Union's efforts to create an international tribunal for investigating war crimes have gained steam since US President Donald Trump's return to office, stoking concerns that Russia might escape justice forever.

In a subsequent show of collective resolve, EU top diplomat Kaja Kallas stated, "There's no room for impunity. Russia's aggression must be punished, and establishing this tribunal is crucial." The International Criminal Court (ICC) in Hague had already issued arrest warrants for Russian officials for forced deportation of children and strikes on Ukraine's energy targets. Yet, the ICC lacks jurisdiction to prosecute Russia for the invasion itself.

This new tribunal won't be able to try Putin while he's in office, thanks to a principle in international law that offers immunity to presidents, prime ministers, and foreign ministers. Nonetheless, as Andriy Sybiga, the Ukrainian Foreign Minister, pointed out, the tribunal's purpose is to dish out penalties for future offenders.

Kyiv seeks retribution for all parties, including Putin, the Russian Prime Minister, and the Foreign Minister of Russia. Meanwhile, Putin invoked the Soviet victory over Nazi Germany to rally his country for the three-year-old offensive at a grand military parade in Moscow, with key allies like China's Xi Jinping in attendance.

Ukraine fears that Russian officials may evade judgment, especially after Trump initiated a rapprochement with Putin to end the war. In contrast, under former president Joe Biden, the United States played a pivotal role in pushing negotiations for the court. Kallas expressed hope that the US would soon join the initiative, while Alain Berset, the Secretary-General of the Council of Europe, urged concrete support to bring the court into fruition.

This proposed tribunal aims to complement the ICC’s existing work in prosecuting war crimes by specifically targeting the "crime of aggression" committed by Russia. The tribunal's jurisdiction lies within the Council of Europe’s institutional framework and prosecutes up to 30 Russian officials responsible for ordering and executing the invasion of Ukraine as a crime of aggression. The tribunal's legal scope focuses on Article 8 of the Rome Statute, defining the crime of aggression, while also working under the umbrella of the ICC without replacing it.

While current officeholders of Russia's "troika"—President Vladimir Putin, Prime Minister Mikhail Mishustin, and Foreign Minister Sergey Lavrov—cannot be tried while in office due to immunity, the tribunal can prepare indictments against them. Other officials can be prosecuted and tried, potentially even in absentia. The establishment of the tribunal also includes provisions for an International Claims Commission and a Register of Damage, designed to compensate victims of Russian aggression.

At least 37 European countries, alongside Ukraine and the UK, have endorsed the tribunal. The European Commission and Council of Europe play vital roles in supporting and framing the tribunal. The UK government has pledged sanctions that align with efforts for justice and support, reflecting its role in broader allied support for Ukraine.

The European Commission President Ursula von der Leyen and EU Justice Commissioner Michael McGrath regard the tribunal as a significant stride toward justice for Ukraine, accountability for Russia's leaders, and a foundation for enduring peace and the rule of law.

Data sourced from AFP and supplementary information from various outlets

  1. Despite Russia's military parade marking the end of World War II in Moscow, EU foreign ministers were gathering in support of Ukraine, aiming to establish an international tribunal for investigating war crimes.
  2. The United States, under President Donald Trump, had previously shown concerns about Russia possibly escaping justice for its actions in Ukraine.
  3. Now that Joe Biden is in office, the United States may be expected to join the initiative to create the international tribunal for Ukraine, as Alain Berset, the Secretary-General of the Council of Europe, urged concrete support.
  4. The new international tribunal for Ukraine is designed to supplement the International Criminal Court in prosecuting war crimes, concentrating on the "crime of aggression" committed by Russia.
  5. Although the tribunal cannot try Putin, the Russian President, while he is in office due to political immunity, it can prepare indictments and potentially prosecute and try other Russian officials.
  6. European countries, alongside Ukraine and the UK, have endorsed the establishment of this tribunal, with the European Commission and Council of Europe playing essential roles in its support and creation.

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