SPECIAL INTERNATIONAL TRIBUNAL
for the crime of aggression against Ukraine
First of all, we are talking about the responsibility of the top leadership of the aggressor country, which has personal immunity before all courts, except for international tribunals.
Russia's accountability can be seen in two aspects: the accountability of the state and the accountability of the individual, i.e. a person, a citizen of the Russian Federation.
For state accountability, there is the International Court of Justice, the European Court of Human Rights, and arbitration. Ukraine systematically cooperates with all the above-mentioned institutions.
Individual accountability is a category of punishment for the most serious original crime – the crime of aggression. The crime of aggression is traditionally called the mother of all crimes or the supreme international crime, as it is the origin of all other international crimes.
We, as Ukrainians, want the aggressor to be held accountable for each and every one of them. Our country is suing in all possible courts and tribunals to seek justice.
For today, there is no working mechanism in the international legal field to bring to justice the top leadership of Russia for the crimes committed against Ukraine.
It is necessary to distinguish between the types of crimes: war crimes, crimes against humanity, and the crime of genocide. These crimes are under the jurisdiction of the International Criminal Court.
During the war in Ukraine, russia committed almost all types of war crimes described in the Geneva Convention.
It is important not to forget about another crime - the crime of aggression, which is considered the mother of all crimes. It is for the crime of aggression that those who started the war against Ukraine can be held accountable.
However, it is very difficult to prove Putin's direct involvement in, for example, the beheading of a woman in Izyum.
REGISTERED WAR CRIMES
FORCIBLY DISPLACED UKRAINIAN CHILDREN
DESTROYED OBJECTS OF THE CIVILIAN INFRASTRUCTURE
International Criminal Court
In order to bring the Russian state to justice, Ukraine closely cooperates with the International Criminal Court in the investigation of specific war crimes and crimes against humanity, as well as the crime of genocide. According to official sources, about 70,000 war crimes have been recorded to date.
Ukraine is strongly committed to cooperating with the ICC in its activity to investigate specific war crimes, crimes against humanity and crime of henocide. Unlike for other core international crimes, the ICC faces objective difficulties in gaining jurisdiction over the crime of aggression.
On 17 March 2023, the International Criminal Court issued arrest warrants for Vladimir Putin, the President of Russia, and Maria Lvova-Belova, Russian Commissioner for Children's Rights, alleging responsibility for the unlawful deportation and transfer of children during the Russian invasion of Ukraine.
Ukraine welcomes this step and considers it a very powerful sign from the ICC on the path to justice. But there are nuances.
Russia has not ratified the Rome Statute and is not going to do so. Therefore, Russia is not under the jurisdiction of the International Criminal Court.
Special International Tribunal
The Special International Tribunal for the Crime of Aggression against Ukraine is a separate international judicial body that should try russia's top political and military leadership for committing the crime of aggression against Ukraine.
The project of establishing a Special International Tribunal is a project that Ukraine wants to implement with partner states.
The Special International Tribunal will allow the top political and military leadership of russia to be tried by preparing appropriate indictments and arrest warrants for the top leadership of russia, other members of the Russian Security Council, i.e. those who have given and are giving criminal orders to wage an aggressive war against Ukraine.
Today, this is the easiest and fastest way to get to Russia's top political leadership. All the others are much more difficult to implement.
Today, Ukraine has gathered support from more than 30 countries that are currently members of the organizing group for the establishment of the Special International Tribunal
In September 2022, the President of Ukraine created by Decree 661/2022 the working group to consider the establishment of a Special International Tribunal for the crime of aggression against Ukraine . The working group was established to ensure proper international investigation and prosecution for the crime of aggression against Ukraine, to develop and prepare proposals for the establishment of a Special International Tribunal.