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Six months into Russia’s invasion, Ukrainian officials are devising strategies to ensure that Russian President Vladimir Putin and his top military commanders are held accountable for the war’s inception.
Andrii Smirnov, Ukraine’s deputy president, is spearheading the plan for a special international tribunal to investigate Russia’s alleged “crime of aggression.”
The definition of aggression was adopted in the 2010 Rome Statute, and a similar concept of “crime against peace” was used in post-World War II trials in Nuremberg and Tokyo.
The International Criminal Court, which has been investigating war crimes, crimes against humanity, and genocide in Ukraine for the past 20 years, is already looking into the situation.
However, because neither Ukraine nor Russia have ratified the Rome Statute, it cannot investigate accusations of aggression.
According to Smirnov, this court is “the only way to ensure that the criminals who started the Ukraine war are held accountable as soon as possible.”
The world’s memory is short. That is why I would like to see this tribunal begin operations next year.”
Although Ukraine is aware that the accused will not be present, he stated that this tribunal “will serve to ensure that these people are labelled as criminals and that they cannot travel in the civilised world.”
Drafting of an international treaty
So far, Ukrainian prosecutors have identified 600 suspects in the attack, including senior military officials, politicians, and commentators.
An international treaty establishing the tribunal has been drafted and is ready for signature by governments.
The decisions of the court would then be recognised on the territory of the signatory countries, allowing convicted criminals to be arrested there.
Smirnov stated that several countries are expected to sign the document before the end of the year, and that negotiations with “several European partners (who) are willing to host the tribunal” are ongoing.
“We want this court’s decisions to be recognised,” he said, adding that he “completely understands” the importance of the court’s legitimacy.
Despite several reforms, Ukraine’s courts have been chastised in the past for their lack of independence and corruption.
While Poland and the Baltic states have been enthusiastic about the proposals, Germany and France have been more reserved.
While Poland and the Baltic states have been enthusiastic about the proposals, Germany and France have been more reserved.
This could be explained by political factors.
“Some countries are trying to keep a small window for negotiations with Vladimir Putin open while acknowledging the aggression against Ukraine,” Smirnov said.
But, even in Western Europe, support for the idea is growing.
On May 19, the European Parliament called for the establishment of a special international tribunal for aggression crimes.
In addition, Dutch Foreign Minister Wopke Hoekstra said last month at an international conference on war crimes in Ukraine in The Hague that the question of a special court was a “very valid point.”
