Germany Seeks Special Tribunal Against Russia for War in Ukraine

German Foreign Minister Annalena Baerbock called for the founding of a special international programme to follow Russian leaders over the invasion of Ukraine. What “is a tribulal that can investigate the Russian leadership and place them before trial”, Baerbox said on January 16th, during a speech at the Academy [...]
What “is a tribulal that can investigate the Russian leadership and place them before trial”, Baerbox said on 16 January, during a speech at the International Law Academy in The Hague, where the International Criminal Court headquarters is located.
According to her, the Ukrainian government is rightly concerned that Russia cannot be prosecuted before the International Criminal Tribunal for its aggression against Ukraine. That is because, according to the German top diplomat, the International Criminal Court can handle cases when the plaintiff and defendant are members of the tribunal or the case is raised by the UN Security Council.
Russia is not a member of the International Criminal Court and is one of five world powers that have veto rights and is a permanent member of the Security Council. Its status in this institution would likely block the UN institution from launching a case before the tribunal.
“We have talked about working with Ukraine and our partners about the idea of creating a special tribunaline for aggression crimes against Ukraine”, Baerbock said, adding that such an institution could receive its jurisdiction from Ukrainian criminal law.
Such a tribunal could be completed with international elements é “having headquarters outside Ukraine, financed by partners, international prosecutors and judges, so that impartiality and legitimacy are guaranteed”, Baerbock said.
Ukraine, the European Union and the Netherlands have publicly supported the idea of creating a special tribunal. Russia, calling its fight in Ukraine “special military operation”, has dismissed war crimes charges, including deliberate attacks on Ukrainian civilians, thousands of whom were killed.
The chief of the International Criminal Court, Karim Khan, however, has warned of possible legal fragmentation and said the court he leads is, in fact, the best place for judgments involving the crime of aggression. According to him, such judgments can be carried out as member states can regulate “substantiations said to exist”. / REL/












