
Tribunal for Russian aggression should be established based on Council of Europe
The U.S. withdrawal from the International Center investigating Russia's aggression against Ukraine, where prosecutors had been gathering evidence, was not unexpected in light of recent events
The U.S. has never been a strong supporter of the ICC, and its involvement was a political decision rather than a strategic goal. I studied the ICC's founding protocols and the Kampala Amendments to the Rome Statute in my master's thesis, so this issue is over 20 years old, merely revived by the Trump administration.
This is a great tragedy for the world order, but not the end of the world.
It's better to state positions openly rather than undermine international justice behind the scenes. The tribunal for the crime of aggression should be established under the Council of Europe, where member states have a voice. This process has already begun and is actively progressing, including drafting a statute for the future tribunal. Supporting this initiative is a key commitment between Ukraine and the Netherlands, which have safeguarded the Center in The Hague.
This complicates justice for Russia's leaders but does not close the case if the Council of Europe and European partners continue their efforts. However, the most uncertain issue today is the position of official Kyiv.
If accountability for criminals is removed from the negotiation agenda, Ukrainian victims will almost lose their legal right to truth, compensation, and a process that influences everything. This would ultimately play into the aggressor’s hands.
The Ukrainian government and official Kyiv cannot risk compensation mechanisms or international law, at least within their region of influence and cooperation. If the Americans have predictably closed this chapter, Ukraine must intensify its efforts. If this becomes part of any agreements, those who agree to it should bear personal political responsibility for the consequences and new phases of aggression against Ukraine.
About the author. Olha Aivazovska, Chair of the Board of the Global Network of Domestic Election Monitors (GNDEM)
The editorial team does not always share the opinions expressed by the blog authors.
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