EU Moves Forward on Special Tribunal to Hold Russia Accountable for Aggression
International lawyers have laid the groundwork for a special tribunal to prosecute Russia for the crime of aggression, a major advancement hailed by the European Union as a significant step towards accountability for Vladimir Putin and his senior officials regarding the invasion of Ukraine. In a statement issued late Tuesday, the EU executive described this initiative as a breakthrough that would hold Russian political and military leaders accountable for their actions.
Initially proposed by Ukraine mere days after the full-scale invasion, the establishment of this tribunal has taken nearly three years, as lawyers have navigated the complexities involved in selecting the appropriate venue for such proceedings. EU foreign policy chief Kaja Kallas emphasized that there is no doubt Putin has committed the crime of aggression, a decision to invade another nation. 'Without that crime, there wouldn’t be any killings, attacks on civilian infrastructure, or rapes occurring on the ground,' Kallas asserted.
The establishment of a tribunal is seen as not just a foundation for justice but also as a tool to exert pressure on Putin and his regime to cease hostilities. It aims to send a strong message to other potential aggressors contemplating actions against neighboring nations.
Negotiations that began last June, involving the EU, Ukraine, and the Council of Europe (CoE) alongside 37 other nations, have faced delays over discussions of whether Putin and his inner circle would be granted immunity. As a compromise, it has been indicated that he and other senior officials might not face prosecution while still in office.
In a separate but related development, Ukrainian President Volodymyr Zelenskyy expressed his willingness to engage in direct talks with Putin to end a war that is approaching its grim three-year anniversary. In a recent interview with British journalist Piers Morgan, Zelenskyy was questioned about his feelings toward potentially sitting opposite Putin at a negotiation table. 'If that is the only setup in which we can bring peace to the citizens of Ukraine and not lose people, definitely we will go for this setup,' Zelenskyy stated, highlighting the need for other participants to be present as well.
During that same interview, Zelenskyy estimated the human toll of the conflict, reporting approximately 45,100 Ukrainian deaths and 390,000 injuries since the invasion began in February 2022. He estimated Russian casualties at around 350,000, along with 600,000 to 700,000 injuries, noting that many Russian soldiers are also missing in action.
The International Criminal Court (ICC) in The Hague has issued an arrest warrant for Putin and senior Russian officials due to the abduction of Ukrainian children. However, the ICC lacks jurisdiction to prosecute crimes of aggression, as Russia has not ratified the ICC treaty. Another option discussed is the potential amendment of the ICC's Rome Statute through a UN General Assembly resolution; however, many experts view this as impractical given the lack of consensus among member states regarding the crime of aggression.
In order to overcome these impediments, the Council of Europe, comprising 46 member states, has offered to host the tribunal after expelling Russia following its full-scale invasion. The discussions gained urgency as Donald Trump prepares for a possible return to the White House, creating uncertainty around U.S. support for Ukraine. Nearly 40 countries have joined the talks after Zelenskyy made a heartfelt appeal for justice, citing devastating attacks on Ukrainian cities and reports of torture from the region.
Iryna Mudra, deputy head of Zelenskyy’s office, asserted that Ukraine’s people are determined to see the invaders held accountable, demonstrating that such egregious war crimes will result in serious consequences. 'Zelenskyy's message is clear: evil must not remain unpunished. Peace must be just. Ukraine cannot and will not compromise on justice,' Mudra stated.
Ukrainian Nobel Peace laureate Oleksandra Matviichuk has also urged for the swift establishment of a tribunal to adjudicate Putin’s actions, suggesting it could deter Russian forces from committing further atrocities in Ukraine. CoE Secretary General Alain Berset indicated that he hopes discussions regarding the tribunal will conclude by the end of the year, although he acknowledged uncertainty surrounding its connection to ongoing peace talks initiated by the U.S. administration. Berset emphasized that U.S. support is critical to the tribunal's success, declaring, 'Without the G7, the tribunal will never fly.'
In an accompanying effort to seek reparations for the damage inflicted by Russia on Ukraine, the CoE also proposed participation in discussions about establishing an international claims commission for Ukraine.
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