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BRUSSELS (AP) — A project to establish a court to prosecute the Russian leaders who orchestrated the invasion of Ukraine took a step forward Wednesday, with an announcement from a group of international organizations, including the European Union and the Council of Europe, working together with Ukraine.
Legal experts agreed on the framework for the Special Tribunal for the Crime of Aggression against Ukraine, which will allow for the prosecution of senior Russian officials for planning and coordinating the full-scale invasion in 2022.
“When Russia chose to roll its tanks over Ukraine’s borders, breaking the UN Charter, it committed one of the gravest violations: the Crime of Aggression. Now, justice is coming,” European Commission President Ursula von der Leyen said in a statement.
The move to create a special tribunal aims to fill a void created by limitations on the International Criminal Court. While The Hague-based court can go after Russian nationals for genocide, war crimes and crimes against humanity, it cannot prosecute Russians for orchestrating the invasion itself.
The 2002 Rome Statute which created the court does include the crime of aggression but only for countries who have joined the court. The Russian Federation is not a member state.
“The accountability gap for the crime of aggression must be closed right now because the lid of Pandora’s Box is blown off completely and our world is plunged into chaos and darkness,” Ukraine’s deputy minister of justice Iryna Mudra told reporters after the announcement was made.
Ukraine has been pushing for the creation of a special tribunal since early in the conflict. “If we want true justice, we should not look for excuses and should not refer to the shortcomings of the current international law but make bold decisions that will correct those shortcomings that unfortunately exist in international law,” Ukrainian President Volodymyr Zelenskyy said during a visit to the Netherlands in 2023.
There are still significant issues to be worked out, including how the tribunal will be paid for and where it will be located. The Netherlands, home to the ICC, the International Court of Justice and other judicial organizations, has offered to host the tribunal.
It is already home to the International Center for Prosecution of the Crime of Aggression, which supports evidence-gathering for a future tribunal and is overseen by the European Union’s judicial cooperation agency, Eurojust. The Council of Europe-backed register of damages, which allows Ukrainian victims of war to catalog the financial harm they have suffered, is also based in the Netherlands.
The tribunal will be established under Ukrainian law, which leaves the future court unable to prosecute the so-called troika, consisting of a country’s head of state, head of government and foreign affairs minister. International law grants that trio immunity while they are in office.
The ICC, which isn’t limited by immunity, has issued an arrest warrant for Russian President Vladimir Putin and several military leaders for war crimes.
The Council of Europe aims to get the tribunal up and running by the end of the year.
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Quell reported from The Hague, Netherlands.
