New Special Tribunal Against the Russian Federation: What Principles to Use to Deal with State Criminals
The Office of the President of Ukraine has published the key provisions of the Statute of the Special Tribunal, which is to investigate and prosecute those responsible for the crimes of aggression of the Russian Federation against our country. Deputy Head of the Office of the President Iryna Mudra, in her Facebook post, detailed the main principles of the future international judicial tribunal, which aims to provide legal control over war crimes and occupation actions. According to Mudra, the prepared document opens up real opportunities to assign responsibility to the top leadership of the aggressor country, including representatives of the political elite that led to a large-scale war. She noted that the Statute does not contain any mention of immunities for officials, regardless of their status—in particular, even for the so-called “Troika,” which includes Russian President Vladimir Putin, Foreign Minister Sergei Lavrov, and other high-ranking officials. This means that any of them, including during wartime, can be brought to justice and receive an indictment, which the Prosecutor of the Tribunal will have the right to publicly announce and submit to the judge for consideration. The most significant aspect is the sentences and conviction in absentia, which are possible after the immunity of the leaders of the “Troika” is lifted. As Mudra notes, mechanisms are provided for this, and, in particular, after the main perpetrators lose their positions, the court will be able to pass sentences and permanently deprive them of their freedom. Established under the auspices of international law, the Tribunal will have independence and international legal personality, and not the status of a hybrid or domestic structure. It is a body that will speak on behalf of the entire world community, guided by international law and based on Article 8 bis of the Rome Statute of the International Criminal Court (ICC), supplemented by the goals of the UN General Assembly regarding aggressive war, enshrined in resolution 3314. The uniqueness of the tribunal is that it does not undermine the functions of the ICC, but only complements them: proceedings can take place simultaneously with investigations in the International Criminal Court, and in the event of the transfer of indictments to the ICC, the process in the special tribunal is automatically suspended. A special aspect of this judicial mechanism is the introduction of the in absentia procedure, which will allow for the issuance of sentences without the presence of the defendants. This is especially important for the investigation of crimes committed by top officials and the military leadership of Russia, as well as the possible involvement of high-ranking officials of Belarus and the DPRK. Such a mechanism will be a significant step in the effort to hold accountable all those involved in crimes of aggression. Ukraine and its international partners have made significant progress in creating the legal framework for this unique judicial institution. On Wednesday, June 25, an important agreement will be signed between the Secretary General of the Council of Europe, Alain Berset, and the President of Ukraine, Volodymyr Zelensky. This will be a symbolic act against the backdrop of the Ukrainian leader’s first visit to Strasbourg as part of the implementation of the agreements reached in May. It is worth noting that on May 14, the executive body of the Council of Europe launched the legal procedure for the formation of the Special Tribunal, which was previously politically approved during the summit in Lviv on May 9—through the political consensus of representatives of the member states. The development and features of the future tribunal are discussed in detail in the publication “Nuremberg for Putin. All about the tribunal for the top of the Russian Federation, which is being created in The Hague,” which covers this historic initiative in detail. The importance of creating this independent legal structure is not only the ability to bring the highest state criminals to justice, but also to consolidate the principles of international justice in countering modern aggressors.