JPN Chief Prosecutor Against Establishing Special Criminal Court in Ukraine

Chief Prosecutor Karim Khan rejected the plan European Commission President Ursula von der Leyen announced last week. The European official said a special court must be established to prosecute the Russian invasion of Ukraine.

“The EU has misinterpreted the law”, Khan told reporters, while adding that the institution where he works is capable of prosecuting high political figures.

The International Criminal Court, headquartered at The Hague, has launched an investigation into war crimes in Ukraine, but this institution cannot prosecute the crime of aggression once the act of occupying another state because the Russian Federation is not a signatory to Rome's Statut, a treaty that has established this court.

In its announcement, von der Leyen said it is essential to obtain approval from the United Nations in order to avoid immunity problems. State leaders, like Russian Vladimir Putin, are generally considered immune to prosecution as long as they are in state positions.

Von der Leyen said the EU would work with international partners “to get the largest international support” for the tribunal, and will also continue its support for the JGPN.

Khan acknowledged that the JPN cannot prosecute Putin for crimes of aggression, but high-level figures can be prosecuted for war crimes or genocide.

“We must avoid fragmentation and instead focus on the work of consolidating”, Khan said while addressing a court supervisory body.

Since Putin ordered the invasion of Ukraine on February 24th, his military forces have been charged with violations, ranging from the killings in Butka to the deadly attacks on civilian buildings, including the shelling of theatre in Marioupol on March 16th, in which, according to an Associated Press research, nearly 600 people have been killed.