Ukraine and his European allies approved the creation of a special court to judge the main leaders of Russia for the crime of aggression, following the invasion of Ukraine that began in February 2022.
The International Criminal Court (ICC) of the Hague has already issued arrest orders against the Russian president, Vladimir Putin, for the kidnapping of Ukrainian children, and against four of his main military commanders, for attacking civilians.
However, the CPI has no jurisdiction to prosecute Russia for its decision to launch the invasion, also known as “crime of aggression.”
The new court could do so to try to judge between 20 and 30 senior Russia officials for the invasion.
“We must convey the message that there is no impunity for such serious violations of international law, and the crime of aggression is the mother of all,” said an EU official.
Can Putin be judged?
As long as it remains in office, Putin cannot be judged following a principle of international law that gives immunity to the so -called ‘troika’, formed by the president, the prime minister and the Minister of Foreign Affairs.
But court prosecutors could write an accusation against the Russian leader who would later be suspended by the judges until he ceases to be president.
Meanwhile, other defendants beyond the ‘troika’ could be judged, even in the absence, if they are not delivered to the court.
Any person convicted could face life imprisonment and the confiscation of their assets.
How would it work
Ukraine experts and about 35 countries involved have spent about two years discussing the legal details of how the court would work.
Officially, the main human rights agency of the continent would be established under the auspices of Europe.
Investigators of Ukraine and six Member States of the European Union have already begun to work and have compiled a large number of evidence. They expect the court to formally establish at the beginning of next year.
The location of the court has not yet been decided, but the probable destinations include the Hague or the headquarters of the Council of Europe, in Strasbourg.
The role of the United States
During the presidency of Joe Biden, the United States was a key actor in the conversations about the creation of the Court.
However, that has changed since Donald Trump returned to the White House and there was no Washington representative present at yesterday’s meeting in the Ukrainian city of Leopolis.
Trump does not usually support efforts for international justice and has even threatened the CPI for his arrest warrant against Israeli prime minister, Benjamin Netanyahu.
However, his contacts with Russia to end the conflict with Ukraine seem to have accelerated efforts to create the court. Europeans fear that a peace agreement can leave Russian authorities out of the reach of justice.
Related news :