Special international tribunal for the crime of aggression (Russian invasion of Ukraine)

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The proposed International Criminal Tribunal for the Russian Federation is a proposed ad hoc international criminal tribunal aimed at prosecuting the Russian Federation and senior Russian and Belarusian leaders for the Russian invasions of Ukraine as one or more crimes of aggression, as a complement to the existing International Criminal Court investigation in Ukraine. [1] Several international bodies announced their support for its establishment, including the Council of Europe, [2] the European Commission, [3] the NATO Parliamentary Assembly [4] and the European Parliament. [1]

Contents

Proposals

In April 2022 the Parliamentary Assembly of the Council of Europe (PACE) called for an ad hoc international criminal tribunal. [5] In September 2022, the Council of Europe proposed to create a tribunal that would have a mandate to "investigate and prosecute the crime of aggression" committed by "the political and military leadership of the Russian Federation." [2] Under the Council of Europe's proposal, the tribunal should be located in Strasbourg, "apply the definition of the crime of aggression" established in customary international law and "have the power to issue international arrest warrants and not be limited by State immunity or the immunity of heads of State and government and other State officials." [2]

The government of Ukraine has also called for the establishment of such a tribunal. [6] [7]

In November 2022 the NATO Parliamentary Assembly designated the Russian Federation as a terrorist organization and called upon the international community to "take collective action towards the establishment of an international tribunal to prosecute the crime of aggression committed by Russia with its war against Ukraine." [4] [8] The European Commission said that the European Union (EU) would work to establish an ad hoc criminal tribunal to investigate and prosecute Russia's crime of aggression. [3] [9] [10] [11] [12] [13] [14] [15] [16] In the same month the European Parliament also designated Russia as a state sponsor of terrorism, citing attacks against civilians, war crimes, and atrocities. [17]

On 19 January 2023, the European Parliament called for the creation of an international tribunal to carry out investigations and prosecutions for Russian and Belarusian responsibility for the crime of aggression, complementary to the International Criminal Court investigation in Ukraine. The vote passed with 472 votes in favour, 19 against and 33 abstentions. [1] On 4 March 2023 the European Union (EU) agreed to establish an International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) to fill in any gaps in prosecution from the International Criminal Court (ICC) as Russia had rejected the ICC jurisdiction to prosecute a case of aggression as neither Ukraine nor Russia ratified the 2010 ICC Kampala Amendments on "aggression" being added to the existing three grave international crimes, namely war crimes, crimes against humanity and genocide. [18]

Analysis

Some international lawyers have criticized the proposed tribunal. Kevin Jon Heller has stressed practical concerns, including obtaining suspects and evidence, warned that the tribunal would not necessarily "be able to prosecute Russian officials who would be entitled to immunity ratione personae", and expressed worries about the "selectivity of international criminal justice" that it would express. [19] Sergey Vasiliev has argued that an ad hoc tribunal would be unable to secure the presence of Putin or other defendants in the absence of Russian cooperation. [20]

In contrast, Carrie McDougall has argued that an ad hoc tribunal is the best available option to try a crime of aggression that has been committed and for which the International Criminal Court lacks jurisdiction. [21]

The idea is also supported by Professor Evhen Tsybulenko and Henna Rinta-Pollari in their article, which is dedicated to the issue: "...the most appropriate approach to prosecuting the crime in the context of the Russo-Ukrainian war is to establish an international ad hoc tribunal, either through a treaty signed by the United Nations and Ukraine on the basis of a referral from the United Nations General Assembly and the United Nations Secretary-General or a multilateral treaty between Ukraine and other states supported by the United Nations" [22]

Core group

In late February 2023, Ukrainian foreign minister Dmytro Kuleba stated that a "core group" for creating the tribunal existed, including representation from Guatemala. [23]

Countries supporting the creation of the tribunal

Other political bodies

See also

Related Research Articles

<span class="mw-page-title-main">International Criminal Court</span> Intergovernmental organization and international tribunal

The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.

<span class="mw-page-title-main">International Criminal Tribunal for the former Yugoslavia</span> 1993–2017 Netherlands-based United Nations ad hoc court

The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes that had been committed during the Yugoslav Wars and to try their perpetrators. The tribunal was an ad hoc court located in The Hague, Netherlands.

Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.

<span class="mw-page-title-main">Rome Statute</span> 1998 international treaty establishing the International Criminal Court

The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of November 2023, 124 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure.

Parliamentary immunity, also known as legislative immunity, is a system in which political leadership position holders such as president, vice president, minister, governor, lieutenant governor, speaker, deputy speaker, member of parliament, member of legislative assembly, member of legislative council, senator, member of congress, corporator, councilor etc. are granted full immunity from legal prosecution, both civil prosecution and criminal prosecution, in the course of the execution of their official duties.

<span class="mw-page-title-main">Carla Del Ponte</span> International jurist

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<span class="mw-page-title-main">Parliamentary Assembly of the Council of Europe</span> Parliamentary assembly

The Parliamentary Assembly of the Council of Europe (PACE) is the parliamentary arm of the Council of Europe, a 46-nation international organisation dedicated to upholding human rights, democracy and the rule of law.

<span class="mw-page-title-main">International criminal law</span> Public international law

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

<span class="mw-page-title-main">NATO Parliamentary Assembly</span> Consultative interparliamentary organisation

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<span class="mw-page-title-main">States parties to the Rome Statute</span> States that have become party to the Rome Statute of the International Criminal Court

The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.

<span class="mw-page-title-main">Crime of aggression</span> Aggressive use of state military force that violates the Charter of the United Nations

A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports. Aggression is generally a leadership crime that can be committed only by those with the power to shape a state's policy of aggression, rather than those who carry it out.

<span class="mw-page-title-main">Ecocide</span> Mass environmental destruction from human activities

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<span class="mw-page-title-main">Government and intergovernmental reactions to the Russian invasion of Ukraine</span>

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<span class="mw-page-title-main">War crimes in the Russian invasion of Ukraine</span> Russian war crimes in Ukraine

Since the beginning of the Russian invasion of Ukraine in 2022, the Russian military and authorities have committed many deliberate attacks against civilian targets, massacres of civilians, torture and rape of women and children, torture and mutilitation of Ukrainian prisoners of war, and indiscriminate attacks in densely populated areas.

<i>Ukraine v. Russian Federation</i> (2022) International Court of Justice case

Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide is a case brought before the International Court of Justice (ICJ), the principal judicial organ of the United Nations. It was submitted by Ukraine on 26 February 2022 against Russia following the latter's invasion of Ukraine in 2022, which Russia sought to justify in part by claims that Ukraine was engaged in acts of genocide within the Luhansk and Donetsk oblasts. Ukraine said that these claims gave rise to a dispute under the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, and based its application on the ICJ's jurisdiction to resolve disputes involving the convention. On 16 March 2022, the court ruled that Russia must "immediately suspend the military operations" in Ukraine, while waiting for the final decision on the case.

The Russian invasion of Ukraine violated international law. The invasion has also been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia – although procedural obstacles exist to prosecutions under these laws.

Individuals and events related to Georgia in 2022.

Universal jurisdiction investigations of war crimes in Ukraine are investigations of war crimes in the 2022 Russian invasion of Ukraine carried out under the legal systems of individual states under the universal jurisdiction principle of international humanitarian law. States that started investigations included Germany, Lithuania, Spain and Sweden.

<span class="mw-page-title-main">International Criminal Court arrest warrants for Vladimir Putin and Maria Lvova-Belova</span> 2023 International Criminal Court warrant

On 17 March 2023, following an investigation of war crimes, crimes against humanity and genocide, the International Criminal Court (ICC) issued arrest warrants for Vladimir Putin, the President of Russia, and Maria Lvova-Belova, Russian Commissioner for Children's Rights, alleging responsibility for the war crime of unlawful deportation and transfer of children during the Russo-Ukrainian War. The warrant against Putin is the first against the leader of a permanent member of the United Nations Security Council.

References

  1. 1 2 3 "Ukraine war: MEPs push for special tribunal to punish Russian crimes". European Parliament . 2023-01-19. Archived from the original on 2023-01-19. Retrieved 2023-01-19.
  2. 1 2 3 "PACE calls for an ad hoc international criminal tribunal to hold to account perpetrators of the crime of aggression against Ukraine". Council of Europe . Retrieved 17 September 2022.
  3. 1 2 "Statement by President von der Leyen on Russian accountability and the use of Russian frozen assets". European Commission . Retrieved 1 December 2022.
  4. 1 2 "Resolution 479" (PDF). NATO PA.
  5. ↑ "PACE calls for the setting up of an ad hoc international criminal tribunal to hold to account perpetrators of the crime of aggression against Ukraine" . Retrieved 27 January 2023.
  6. ↑ "Ukraine calls for international tribunal to bring Putin to justice more quickly". The Guardian. Retrieved 17 September 2022.
  7. ↑ "President Zelensky: We are doing everything to create Special Tribunal for Russian crimes". www.ukrinform.net. 30 November 2022.
  8. ↑ "NATO Parliamentary Assembly designates Russia as a terrorist state, calls for Tribunal". Euromaidan Press. November 21, 2022.
  9. ↑ "Ukraine: Commission presents options to make sure that Russia pays for its crimes". European Commission . Retrieved 1 December 2022.
  10. ↑ "Von Der Leyen Proposes Russian War Crimes Tribunal, Plan To Confiscate Frozen Russian Assets". Radio Free Europe/Radio Liberty .
  11. ↑ "EU proposes setting up specialized court to try Russian war crimes". November 30, 2022.
  12. ↑ "EU seeks specialized court to investigate Russia war crimes". AP NEWS. November 30, 2022.
  13. ↑ "EU Explores New Steps to Probe Russian Crimes, Use Frozen Assets". Bloomberg.com. Bloomberg. 30 November 2022. Retrieved 1 December 2022.
  14. ↑ Olson, Carly; Surman, Matt (November 30, 2022). "Russia-Ukraine War: Top E.U. Official Calls for Tribunal for War Crimes in Ukraine". The New York Times– via NYTimes.com.
  15. ↑ E.U. proposes special tribunal to investigate Russian crimes in Ukraine
  16. ↑ Carbonaro, Giulia (November 30, 2022). "EU special tribunal on Russia an 'important move' to show Ukraine". euronews.
  17. ↑ "European Parliament declares Russia to be a state sponsor of terrorism". European Parliament. 23 November 2022. Retrieved 25 November 2022.
  18. ↑ "New Tribunal Announced to Prosecute Russian Crime of Aggression in Ukraine". 8 March 2023. Retrieved 14 March 2023.
  19. ↑ "Creating a Special Tribunal for Aggression Against Ukraine Is a Bad Idea". Opinio Juris (blog) . 2022-03-07. Retrieved 2023-05-09.
  20. ↑ Vasiliev, Sergey (2022-03-03). "Aggression against Ukraine: Avenues for Accountability for Core Crimes". EJIL: Talk! . Retrieved 2023-05-09.
  21. ↑ "Why Creating a Special Tribunal for Aggression Against Ukraine is the Best Available Option: A Reply to Kevin Jon Heller and Other Critics". Opinio Juris (blog) . 2022-03-15. Retrieved 2023-05-09.
  22. ↑ "Legal Challenges in Prosecuting the Crime of Aggression in the Russo-Ukrainian War", Review of Central and East European Law , retrieved 25 January 2024
  23. ↑ "Minister: Guatemala to join Core Group on Special Tribunal for Russian crime of aggression". The Kyiv Independent . 25 February 2023. Wikidata   Q116899556.
  24. ↑ "Australia has joined the list of countries that will assist in the creation of a special international tribunal on Russia's crimes in Ukraine" . Retrieved 27 January 2023.
  25. ↑ "Austria Supports Special Tribunal for Russia's Crime of Aggression, 33 Countries in Coalition". 16 March 2023.
  26. ↑ "Costa Rica joins coalition for special tribunal to prosecute Russia". 14 April 2023.
  27. 1 2 3 4 5 6 7 8 "Comment and analysis: Why the world needs a tribunal to try the Russian leadership for the crime of aggression" . Retrieved 14 March 2023.
  28. ↑ "President of Ukraine met with the Prime Minister of Finland who is on a visit to Ukraine" . Retrieved 16 March 2023.
  29. ↑ "Germany's Baerbock proposes special tribunal to prosecute Russian leadership". Politico. Retrieved 16 January 2023.
  30. ↑ "GREECE BECOMES THE 30TH COUNTRY SUPPORTING A SPECIAL TRIBUNAL FOR RUSSIA" . Retrieved 14 March 2023.
  31. ↑ "Levits repeats call for international Russia war crime tribunal" . Retrieved 27 January 2023.
  32. ↑ "MEPs back Lithuanian resolution on tribunal for Russia". 19 January 2023. Retrieved 27 January 2023.
  33. ↑ "Luxembourg Contributes €100k to International Criminal Court". 27 March 2023.
  34. ↑ "Moldovan Government Finally Burns Bridges to Russia (Part Two)". Jamestown. 23 March 2023.
  35. ↑ "Dutch MPs call for international tribunal for Putin in The Hague" . Retrieved 27 January 2023.
  36. ↑ "Poland backs Germany's plan for tribunal for Russian war crimes" . Retrieved 27 January 2023.
  37. ↑ Lovett, Ian; Grytsenko, Oksana (4 March 2023). "WAR IN UKRAINE One year on". Wall Street Journal.
  38. ↑ "Ihor Zhovkva had a conversation with the State Secretary for International Affairs at the Office of the Prime Minister of Slovenia". 27 March 2023.
  39. ↑ "Calls for special tribunal for Russia's 'war crimes' in Ukraine" . Retrieved 27 January 2023.
  40. ↑ Wintour, Patrick (20 January 2023). "UK offers qualified backing for tribunal to prosecute Russia's leaders". The Guardian. Retrieved 27 January 2023.
  41. ↑ "US announces it supports creation of special tribunal to prosecute Russia for 'crime of aggression' in Ukraine". 28 March 2023.
  42. ↑ Ukrinform 2022e.
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