In a significant move toward ensuring accountability for Russia’s wide-scale invasion of Ukraine, approximately 40 world leaders have announced their backing for the formation of an international court. This new tribunal is intended to hold top Russian officials answerable for the crime of aggression which forms the basis for numerous war crimes allegations made by Ukraine. These alleged crimes include attacks on civilian infrastructure, killings, and other atrocities. Ukraine has accused Russian forces of these actions since the onset of their conflict in 2022.
The proposed court highlights a novel approach to the limitations of the International Criminal Court (ICC). Currently, Russia is not a member of the ICC, which means it cannot hold Russian President Vladimir Putin and other senior leaders accountable for initiating the conflict. As an alternative, Ukrainian and European officials are advocating for the special tribunal to address these shortcomings. The establishment of this new court will be based on a joint agreement between Ukraine and the Council of Europe, which is the continent’s foremost human rights organization.
Since the beginning of the conflict, Kyiv has pushed vigorously for this special tribunal, aiming to extend accountability beyond just the alleged war crimes by Russian forces. Crimes cited include bombings of civilian areas, civilian casualties, and other severe violations, which Russia denies committing. President Volodymyr Zelenskyy of Ukraine has emphasized the need for bold corrective measures in international law to ensure justice.
Reflecting similar initiatives post significant global conflicts, this tribunal draws parallels with those established following World War II, the Yugoslav Wars, and the Rwandan genocide. Financial support for the tribunal will come from the Core Group of countries, which includes nations such as the Netherlands, Japan, and Canada. While the initiative received backing from the administration of former U.S. President Joe Biden, it was not supported by his successor.
A joint statement released by Ukraine’s Foreign Ministry, in collaboration with foreign ministers from around 40 countries, indicated that the legal prerequisites to establish the tribunal are already in place. Further formalization is expected during a Committee of Ministers meeting of the Council of Europe in Luxembourg later. The tribunal will target the Russian leaders most accountable for the 2022 aggression against Ukraine.
On the same day, Kremlin spokesman Dmitry Peskov indicated Moscow’s decision not to respond to the tribunal’s announcement. The legal framework supporting the tribunal was settled earlier in February by global leaders.
The tribunal’s focus centers around the crime of aggression, defined as the orchestration of a massive military assault on another nation. This crime is critically viewed as the precursor to other heinous acts such as war crimes and genocide. International law expert Iva Vukusic emphasized that this charge targets high-ranking officials and not lower-level soldiers.
Historically, the last convictions for aggression were during the Nuremberg Trials, where senior Nazi leaders were held accountable. While international law typically offers immunity to countries’ top leaders during their time in office, the tribunal might initiate proceedings against Putin and potentially wait for his departure before proceeding with prosecution. Moreover, the crime of aggression lacks a statute of limitations.
The ICC’s jurisdiction is currently limited by its inability to prosecute Russians for the invasion itself, even though it can pursue cases of genocide and war crimes involving Russian nationals. Moscow’s non-membership in the ICC necessitated the move to form a special tribunal. An arrest warrant against Putin for war crimes concerning the abductions of Ukrainian children and similar charges against other officials further underscores the tribunal’s necessity.
While The Hague is frequently considered for hosting the tribunal due to its existing international judicial Institutions, a final decision on the location remains pending. The city houses the International Center for Prosecution of the Crime of Aggression, which facilitates evidence-gathering. Other initiatives like the Council of Europe-backed register that documents war-induced damages for Ukrainian victims, are also based there.
The proponents of this new legal institution are optimistic about beginning its operations by the early months of the next year.