A growing number of Member States are calling for the establishment of a special tribunal to deal with the crime of aggression in Ukraine. Until then, they support the establishment of an interim solution, as stated by the EU High Representative, Josep Borrell, on Monday 23 January. He was chairing a meeting of EU foreign ministers, largely dedicated to aid to Ukraine (see other news).
“There is broad support for establishing an International Prosecutor’s Office in The Hague as a first step to bring those responsible to justice”, said Josep Borrell.
The European Commissioner for Justice, Didier Reynders, had mentioned such an interim office that could start collecting and storing evidence on the crime of aggression on 18 January (see EUROPE 13102/4). It is a matter of starting the investigative work before a tribunal is established, as it will not be established quickly.
An international or hybrid jurisdiction
The form of this tribunal is still an open question at this stage. The European Commission has proposed two options: a special international tribunal or a hybrid tribunal based on the national law of a country and composed of international judges (see EUROPE 13074/3). Member countries have different positions on these two choices.
During a visit to the International Criminal Court (ICC) in The Hague on 19 January, German Foreign Minister Annalena Baerbock suggested the idea of a hybrid tribunal, based on Ukrainian law, but not on Ukrainian territory with international judges.
For her Lithuanian counterpart, Gabrielius Landsbergis, a special international tribunal would be more appropriate than a hybrid format. “ I personally think it has to be born out of the EU. And I don’t think a hybrid tribunal is a path forward”, he said ahead of the meeting. He was pleased to see “the coalition for a special tribunal getting stronger, with Germany in principle joining the idea”.
France is also among those “considering the possibility of creating an ad hoc jurisdiction”, according to French Foreign Minister Catherine Colonna. This special tribunal “can only be of interest if it has the necessary legitimacy and if there is an added value to what the ICC can do”, she added.
Support for the “Just Peace Initiative
The need for accountability is also part of Ukraine’s “Just Peace Initiative”, which has received the support of foreign ministers, according to the High Representative. He promised that Europeans would continue to back it so that it could receive the widest international support. In addition to accountability, Mr Borrell stressed two other aspects of the initiative: the independence, sovereignty and territorial integrity of Ukraine within its recognised borders and the right to self-defence. (Original version in French by Léa Marchal with Camille-Cerise Gessant)