“It is clear is that the crime of aggression is a leadership crime, so without the crime of aggression, there would not be any war crimes either. Therefore, it is extremely important that there is also accountability for the crime of aggression”, declared the High Representative of Foreign Affairs and Security Policy, Kaja Kallas, at the press conference following the 13th meeting of the Core Group on options for the establishment of a tribunal on the crime of aggression against Ukraine on Tuesday 4 February.
As the High Representative explained, the Special Tribunal, whose aim is to prosecute those responsible in Russia for this crime, has received broad international support, notably from the European Union, the Council of Europe and 41 countries.
Nearly three years after the start of Russia’s military aggression against Ukraine, the aim is to complement the efforts of the International Criminal Court, which focuses on war crimes, by specifically trying those responsible for the crime of aggression, and thereby reaffirming the importance of accountability and international justice for the leaders responsible.
The urgent need to create a specific legal framework for this tribunal was underlined by Ms Kallas, who pointed out that “unpunished crimes only encourage further aggression”.
Similarly, the Secretary General of the Council of Europe, Alain Berset, insisted that “justice must not wait. This tribunal must be set up quickly”, adding that the creation of this tribunal is imperative to guarantee justice and reparations for the victims of the war.
The European Commissioner for Democracy, Justice and he Rule of Law and Consumer Protection, Michael McGrath, described the progress that has been made in drafting the statutes of the tribunal: “We have made good progress at the meetings of the Core Group and we hope to finalise this dossier in the coming months”.
The aim now, he says, is to finalise the technical work. It is possible that the final meeting could be held under the supervision of the Council of Europe, at which the draft statute of the Special Tribunal would be officially adopted.
Mr McGrath expressed his confidence that there were no major obstacles and that the dossier could be completed in the next few months.
The Ukrainian Deputy Minister of Justice, Iryna Mudra, reiterated the importance of this Special Tribunal for justice and accountability. “The Ukrainian people demand that the aggressors be held accountable for their crimes”, she declared. In her eyes, this tribunal sends a clear message against impunity and in defence of international order.
Discussions are continuing with a view to finalising the draft statute in the coming months, i.e. the proposed legal framework that will define the functioning of the Special Tribunal to judge the crime of aggression against Ukraine.
This draft will set down the rules that will govern this tribunal – the appointment of judges and prosecutors, collection of evidence – as well as the legal bases for interaction with international institutions, such as the ICC. (Original version in French by Nithya Paquiry)