Evidence of the Russian war of aggression is to be collected in The Hague in the future. This could close an important legal gap and pave the way for a special tribunal. How the new center should work – and what it could bring.
Western states are sending another clear signal to prosecute Russia for the war of aggression in Ukraine: On Monday, the EU judicial authority Eurojust, together with partners, opened an international prosecution center in The Hague, where evidence specifically for the prosecution of Russian “aggression” is collected and targeted charges against suspected perpetrators should be prepared. “We will do everything we can to hold Putin and his henchmen accountable,” said European Commission President Ursula von der Leyen.
The center will play a key role in ensuring that perpetrators can also be brought to justice for the crime of aggression.
How the work will look like and how Ukraine evaluates the step – Questions and Answers:
What is to be examined?
Shortly after the Russian invasion of Ukraine in February 2022, the world was startled by reports of war crimes – torture, rape, murder. To date, the Ukrainian public prosecutor’s office has identified more than 70,000 suspected war crimes, more than 300 charges have been filed and verdicts have already been passed. Criminal investigations are also underway in 17 other countries.
The International Criminal Court (ICC), based in The Hague, launched investigations into war crimes shortly after the Russian invasion. Chief Prosecutor Karim Khan sent the largest team of investigators the court had ever deployed to the war zone. A separate office was also opened in Kiev. Khan has also issued arrest warrants against Russian President Vladimir Putin and the Russian Commissioner for Children’s Rights over the alleged kidnapping of Ukrainian children to Russia.
What should the new center do about it?
The institution is seen as an interim step before the establishment of a special tribunal that could bring to justice those responsible from the Kremlin and the Russian military for starting the Ukraine war. The center is based at the European judicial authority Eurojust.
Why is this new center needed?
The aim is to close a legal gap. The ICC, which neither Russia nor the USA recognize, cannot currently prosecute the crime of aggression. Ukraine is also not a state party, but has recognized the jurisdiction of the court in the past. Therefore, the court can now also investigate crimes on Ukrainian territory. But that only applies to war crimes, crimes against humanity and genocide – but not to the criminal offense of aggression.
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This is where the newly founded center should start and close the gap. Ukraine, several EU countries, but also the International Criminal Court are involved. The project is supported by the USA and the EU Commission. Information on the planning, preparation and implementation of the Russian aggression is to be bundled in the center so that the prosecutors can benefit from it later in a possible trial. This could be national court proceedings, but possibly also a special tribunal, which is repeatedly demanded by Ukraine and also supported by the federal government. The establishment of such a tribunal has so far been considered legally difficult.
What does Ukraine say about the move?
Ukrainian Prosecutor General Andriy Kostin spoke of a “really historic” first step. It was a “clear signal that the world is united and steadfast in holding the Russian regime to account for all its crimes,” Kostin said at the press conference in the Dutch capital. According to US Assistant Attorney General Kenneth Polite, the first batch of evidence has already been handed over to the center.
Kostin said the crime of aggression is an “original sin that opened the door to 100,000 more international crimes.” A special tribunal for the Russian leadership is now “inevitable”. Kiev has been pushing for a special tribunal since hundreds of bodies were found after Russian troops withdrew from the city of Bucha in April last year.
Will there be a special tribunal at the end?
While calls for such a tribunal have been growing louder, fundamental questions remain to be resolved, such as how a special tribunal would work, when it would be established, and who would support it.
The most likely option seems to be a court under Ukrainian law with Ukrainian and foreign judges. However, Eurojust chief Ladislav Hamran said it “is not important at this point (…) where the trial will take place”. He continued, “In terms of investigating the crime of aggression, it is important that we begin now.”
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
