Ukraine, Europe agree on war tribunal
Ukrainian President Volodymyr Zelenskyy and Council of Europe Secretary General Alain Berset signed an agreement in Strasbourg to establish a Special Tribunal for the Crime of Aggression against Ukraine. This tribunal aims to prosecute senior Russian officials, including President Vladimir Putin, for orchestrating the 2022 invasion of Ukraine, which is considered a violation of the United Nations Charter.
The tribunal addresses a significant gap in international law, as the International Criminal Court (ICC) lacks jurisdiction over the crime of aggression for non-member states like Russia. While the ICC has issued arrest warrants for Putin and others for war crimes, such as the illegal deportation of Ukrainian children, it cannot prosecute the act of initiating the invasion itself.
Operating under the Council of Europe, the tribunal will have the authority to try high-ranking political and military leaders for the crime of aggression. Although international immunity laws protect sitting heads of state, the tribunal plans to prepare cases for prosecution once such individuals leave office.
The initiative has received support from nearly 40 countries, including members of the "Core Group" like the Netherlands, Japan, and Canada, who have pledged financial backing. The Hague is a leading candidate for the tribunal's location due to its established legal infrastructure.
This development represents a significant step toward holding Russian leadership accountable for the invasion of Ukraine and reinforces the international community's commitment to upholding the rule of law. Zelenskyy emphasized the importance of this initiative, stating, "Every war criminal must know there will be justice, and that includes Russia." The tribunal's mandate is to prosecute senior leaders for the crime of aggression against Ukraine, which refers to the decision to use armed force against another state in violation of the UN Charter.
