THE HAGUE, Netherlands — On Wednesday, Ukrainian President Volodymyr Zelenskyy sanctioned the establishment of an international court aimed at prosecuting high-ranking Russian officials for their roles in the extensive invasion of Ukraine.
The tribunal is to be established through collaboration between Ukraine and the Council of Europe, which serves as Europe’s premier organization for human rights. Zelenskyy made his premier trip to the organization’s headquarters in Strasbourg to mark this occasion.
This special court’s purpose is to hold senior Russian figures accountable for the “crime of aggression,” which is considered the root cause of numerous war crimes allegedly committed by Russian troops since the war began on February 24, 2022. The current international justice bodies, including the International Criminal Court in The Hague, cannot prosecute these acts since they lack jurisdiction over Russian citizens for such crimes.
From the early days of the conflict, Ukraine has advocated for a tribunal that extends beyond addressing mere war crimes, like the alleged bombings of civilian infrastructure, unlawful killings, sexual violence, hostage-taking, and torture claimed against Russian forces—allegations that Russia has consistently denied.
The specific logistics concerning the tribunal’s location are still under consideration. The Hague is a potential venue due to its robust legal framework, though a definitive decision is pending.
Russia traditionally does not extradite its citizens, adding to the challenge of potentially bringing Russian President Vladimir Putin before this court. International law grants immunity to sitting heads of state as well as top officials, often termed the “troika,” consisting of the head of state, head of government, and foreign minister. Consequently, any legal proceedings against Putin would only be feasible once he steps down.
Importantly, the crime of aggression is not subject to a statute of limitations.
The financial backing for the tribunal will come from a coalition of supporting countries labeled the Core Group, which includes the Netherlands, Japan, and Canada. The initiative has received support from the Biden administration in the United States, although it was not endorsed under President Donald Trump.