The Ukrainian Prime Minister, Denys Shmyhal, President Zelensky’s Chief of Staff, Andriy Yermak, as well as the Ukrainian Prosecutor General, Andriy Kostin, have reiterated their call for the establishment of a special international tribunal to try crimes committed in Ukraine. In particular, they addressed the President of the European Parliament, Roberta Metsola, and the European Commissioner for Justice, Didier Reynders, at an event organised by the think tank European Policy Centre, on Monday 5 September.
The Ukrainian President’s Chief of Staff, Andriy Yermak, deplored the fact that the creation of a special international tribunal was not supported by the Europeans. “Some would like to convince us that the International Criminal Court (ICC) is enough, but it is not. Ukraine is already actively cooperating with the ICC. The creation of a special international tribunal will not alter the ICC’s investigations, but will complement it”, he told his interlocutors by video conference.
The ICC is currently investigating the crime of genocide, but cannot legally judge the crime of aggression, and this is where Kyiv’s problem lies. The creation of a special tribunal would send a strong message, according to the Ukrainian Prosecutor General, Andriy Yermak. “We cannot allow the violent violation of the international order to go unpunished”, he said.
This special tribunal would allow for direct targeting of the highest Russian officials, according to Anton Korynevych, who is committed to the creation of the special tribunal within the Ukrainian Foreign Ministry. For him, the crime of aggression is also easier to prove than the crime of genocide.
In July, European justice ministers had already reacted to this request. They considered that effective evidence gathering was a priority to enable the existing courts to investigate and punish those responsible.
The EU Commissioner for Justice, Didier Reynders, highlighted the efforts of the joint investigation teams set up between Ukraine, the ICC and five European countries, as well as the work of EU co-legislators to broaden Eurojust’s mandate. However, he did not respond to the main request to establish a special tribunal.
The debate organised by the European Policy Centre also celebrated the opening of an exhibition at the European Parliament’s’ Station Europe’ building in Brussels on war crimes in Ukraine. (Original version in French by Léa Marchal)