Special International Tribunal for Addressing Russia’s Aggression Against Ukraine: New Opportunities and Challenges
In the context of global security and the rule of law, there is an increasing push to establish special international judicial mechanisms to hold accountable for wartime crimes and aggression. One of the most pressing and widely discussed initiatives is the creation of a Special Tribunal to handle cases related to Russia’s aggression against Ukraine. Experts highlight that this tribunal will have unique features, foremost being the ability to review cases in absentia — meaning that a verdict can be issued even if the defendant refuses to participate or cannot be located. Such provisions have been previously implemented in tribunals dealing with cases from Lebanon, Sierra Leone, and the Central African Republic, but their application was limited. In Ukraine’s context, however, legal specialists argue that this mechanism will allow for more effective prosecution of aggression crimes and prevent abuses stemming from the absence of defendants in court. A key requirement for conducting proceedings without the defendant’s presence is their clear refusal or the completion of all procedural steps to summon and notify them, while still proceeding if justice demands. According to Gunduz Mamadov, a respected Ukrainian lawyer and deputy prosecutor general from 2019 to 2022, the tribunal will ensure that defendants are properly notified and have access to legal representation. This is a vital safeguard in complex international proceedings. Mamadov also emphasized that in cases of conviction in absentia, the individual retains the right to a retrial in their presence, provided they do not explicitly waive this right or admit guilt. During hearings related to the downing of MH17, the process of reading charges lasted over three hours, demonstrating the strictness and thoroughness of the procedures. Recently, Ukrainian President Volodymyr Zelensky signed the documents necessary for ratifying the agreement on establishing the Special Tribunal. This marks a significant step toward justice and holding accountable those responsible for Russia’s aggression. The collaboration with the Council of Europe Secretary General, Alain Berset, accelerated efforts to launch the tribunal, offering new avenues for international justice amid the ongoing conflict.