A significant step was taken on Wednesday towards establishing a court to prosecute the Russian leaders responsible for orchestrating the invasion of Ukraine. A group of international organizations, including the European Union and the Council of Europe, in collaboration with Ukraine, announced progress on the project.
Legal experts have agreed on the framework for the Special Tribunal for the Crime of Aggression against Ukraine. This tribunal will enable the prosecution of senior Russian officials for planning and coordinating the full-scale invasion that took place in 2022.
European Commission President Ursula von der Leyen emphasized the gravity of Russia's actions, stating that by violating the UN Charter and committing the Crime of Aggression, Russia will now face justice.
The initiative to establish a special tribunal aims to address the limitations of the International Criminal Court (ICC). While the ICC can prosecute Russian nationals for genocide, war crimes, and crimes against humanity, it lacks the jurisdiction to prosecute Russians for orchestrating the invasion itself.
Ukraine has been advocating for the creation of a special tribunal since the early stages of the conflict. Ukrainian President Volodymyr Zelenskyy stressed the importance of closing the accountability gap for the crime of aggression and making bold decisions to correct existing shortcomings in international law.
Despite significant issues that still need to be resolved, such as funding and location, the Netherlands has offered to host the tribunal. The tribunal will be established under Ukrainian law, which means it will not be able to prosecute the so-called troika, granting immunity to a country's head of state, head of government, and foreign affairs minister.
The Council of Europe aims to have the tribunal operational by the end of the year. The Netherlands, already home to various international judicial organizations, is set to play a crucial role in supporting the tribunal's activities.
