Ukraine discusses two models for creating special tribunal for Russia

Prosecutor General Andriy Kostin said this in an interview with Ukrinform.

It is reported that the discussion on the formula of the special tribunal is ongoing, but there is progress: last year, the partners doubted the need for the tribunal, and now they are discussing its format.

"There are two models. The first one involves an international treaty. It is simple from the point of view that at the level of international law, the countries that have signed such a treaty can apply any practice that existed before, starting with Nuremberg. The problem with such an international treaty is the existence of political will in those countries that support the idea of a tribunal. If we apply the model of the special tribunal based on an international treaty, it requires ratification in the parliaments of these countries. That is, you can sign a treaty with the executive branch of the country, but the legislature must confirm it," the Prosecutor General explained, adding that this can also take a long time.

Another model is based on an agreement between the UN Secretary-General and Ukraine, but it needs support.

"We all understand that the decision to establish a special tribunal may not pass through the UN Security Council because of the position of certain countries. That is why we are currently discussing two options: an international tribunal established by a resolution of the UN General Assembly, and another proposal is an internationalized tribunal, which would include Ukrainian and foreign judges acting on the basis of Ukrainian law," Kostin concluded.

As for bringing Russian leader Vladimir Putin to justice, there are certain difficulties, the Prosecutor General says.

"He is immune. That is, there are two basic positions, working with which, I think, we will find a result. A conviction in absentia is possible. This is the difference between the special tribunal and the ICC. The latter cannot judge in absentia. The tribunal can. The Ukrainian people should not wait long," Kostin said.

The Prosecutor General also said that the conclusions of the pre-trial investigation into the helicopter crash in Brovary, Kyiv region, which killed the Interior Ministry leadership, will be announced in the near future. The version of sabotage has not been confirmed.

What is known about the creation of a special tribunal for Russia

The need to create a special tribunal arose because the International Criminal Court in Ukraine has jurisdiction only over crimes of genocide, war crimes, and crimes against humanity committed by Russian terrorists. It cannot investigate Russia's aggression, as Ukraine did not sign the Rome Statute of the International Criminal Court, and Russia withdrew its signature in 2016. The UN's capabilities in this matter are also limited. That is why the idea to create a special tribunal was suggested, which would have jurisdiction to investigate Russia's crime against peace, allow prosecution of the Russian leadership and prevent it from avoiding responsibility.

On May 9, Ukrainian President Volodymyr Zelenskyy and European Commission President Ursula von der Leyen held a summit of 37 coalition member states on the special tribunal for Russia.

In June, the President's Office announced that 38 countries had already supported the idea.

On June 13, Zelenskyy instructed the UN General Assembly to draft a resolution on the need to establish a special international tribunal for Russia's crimes against Ukraine, and on July 1, the OSCE PA supported the creation of a special tribunal.

The fourth working meeting of the coordination group to develop a model for the tribunal took place on June 30 in Warsaw.

On July 1, the OSCE Parliamentary Assembly adopted a resolution by the Ukrainian delegation on the OSCE's actions in the face of Russian armed aggression, which supported the creation of a special tribunal to bring Russians to justice for war crimes in Ukraine.  

On July 3, an international office to investigate Russia's invasion of Ukraine was opened in The Hague, which will be the first step toward a possible tribunal for the leadership of the aggressor country.

On July 10, Andriy Smirnov, deputy head of the Presidential Office for Courts, said that Ukraine doesn't agree with the so-called hybrid tribunal for Russia, as this could lead to the legal assessment of the war being reduced to the level of an interstate conflict.