A New Chapter in Justice: The Special Tribunal Against Russia’s Aggression in Ukraine
In the context of current geopolitical challenges and the widespread Russian aggression against Ukraine, the need for the establishment of an innovative international institution capable of effectively addressing crimes committed by an aggressor nation has become evident. Consequently, Kyiv has initiated the creation of a Special Tribunal designed to stand apart from traditional judicial bodies. According to renowned Ukrainian legal expert, Honored jurist of Ukraine, and former Deputy Prosecutor General Günduz Mamadov, this Tribunal embodies a pioneering model that combines elements of international justice and national jurisdiction, offering unique opportunities for prosecuting acts of aggression. Mamadov emphasizes that from the moment the idea of establishing this mechanism arose, it rapidly evolved into a concrete project. Behind its development were high-profile legal and diplomatic figures, such as former European Court of Human Rights judge Mykola Hnatyovskyi and Ukraine’s special envoy to the Ministry of Foreign Affairs Anton Korinevych. The key distinction of the Special Tribunal lies in its hybrid structure: while it maintains an international core and exhibits characteristics of international justice, it remains flexible and adaptable, not being a universal court like the ICC or tribunals established for the former Yugoslavia or Rwanda. The Tribunal’s structure includes a panel of judges, the Office of the Prosecutor General, and a Registry. Candidates for judicial and prosecutorial positions are proposed by the countries that have signed the agreement on its creation. An independent commission will assess their qualifications and suitability, though the exact composition of this commission has not yet been determined. This issue will be addressed during an open process. The primary focus of the Tribunal’s work is not solely on delivering verdicts but also on developing a new legal model for responsibility regarding crimes of aggression, which have often been overlooked in the past. Funding-wise, the statute foresees mechanisms for collecting financial resources through fines and confiscations, with the proceeds designated for an international compensation mechanism aimed at redressing damages caused by Russia’s illegal actions in Ukraine. Based on UN General Assembly Resolution A/RES/ES-11/5 of November 14, 2022, this mechanism is designed to ensure fair compensation for victims. Ukrainian President Zelensky, having signed the necessary documents to ratify the agreement on July 1, formally approved the establishment of the Special Tribunal. Last week, he and EU Deputy Secretary-General Alan Berse signed the official treaty, marking a significant step toward justice and international legal response to the crimes of aggression.