Latest news with #CrimeOfAggression
The Guardian
18-05-2025
- Politics
- The Guardian
Will we ever see despots like Putin in court? It's unlikely – and that's the west's fault too
It's tempting to hope the establishment last week of a Special Tribunal for the Crime of Aggression against Ukraine, to give its full name, will lead to the speedy trial and indefinite incarceration of Vladimir Putin and senior Russian leaders. After all, the new court is backed by about 40 countries, including the UK, plus the EU and Council of Europe. And only fools like Donald Trump are confused about who the aggressor is in this conflict. Sadly, this appealing notion has scant basis in reality. Ducking peace talks and dodging responsibility for the war he started, a smirking Putin manspreads smugly in the safety of the Kremlin. He also hides behind the outdated convention that serving heads of state enjoy legal immunity. The bottom line is unchanging: Russia will ignore the new tribunal, just as it ignores arrest warrants for Putin over alleged war crimes brought by the international criminal court (ICC). This lawless state of affairs is intolerable. So why is it tolerated? While the Ukraine tribunal sets no time limit on punishing aggression, other factors help Putin to evade justice. One is that autocratic allies like China's Xi Jinping, rightwing extremists like Israel's Benjamin Netanyahu and powerful states like the US also reject international jurisdiction, fearing it may constrain or ensnare them. Netanyahu is another unrepentant ICC indictee who, like Putin, remains at large. International law – comprising UN-endorsed rules, treaties, conventions and standards – is the foundation stone of the post-1945 global order. It assumes ever greater importance as the world grows more disordered. Yet everywhere, or so it seems, its principles, tenets, institutions and practitioners are challenged, flouted and undermined by politicians and governments whose duty is to uphold it. Whatever consensus previously existed is collapsing. The days when nations could sit down together and agree the Universal Declaration of Human Rights, as in 1948, are over. Even then, the declaration wasn't truly universal, in that only a minority of the world's countries – 48 UN member states – backed it. Now a majority blatantly ignores it. Special tribunals have successfully prosecuted war crimes in 1945 – the Nuremberg trials of Nazi leaders – and in the former Yugoslavia and Rwanda. But it is a typically convoluted, costly and slow-moving process. Tribunals suffer similar problems to the ICC and the international court of justice (ICJ) in The Hague (the UN 'world court') – namely, fracturing support among influential states led by authoritarian, anti-democratic figures. Such explanations and excuses are no comfort to bombed and starving residents of Gaza, who, according to the UN's aid chief, Tom Fletcher, face an incipient genocide. He urged the UN security council to intervene immediately. The 'corrosive and infectious' degradation of international humanitarian law in Gaza was undermining decades of progress on civilian protection, Fletcher said. 'Humanity, the law, and reason must prevail.' Few beyond Israel will doubt the justice of his plea. But the unreformed security council, guardian of the UN charter and the Geneva conventions governing the 'laws of war', is chronically divided on this and other major global issues. Its ineffectiveness exacerbates the crisis in international law enforcement. It's pointless seeking justice there. Similarly, South Africa's genocide case against Israel at the ICJ is groundbreaking – but may take years to be resolved, if it ever is. ICC investigations have not, and will not, save desperate people in Myanmar, Afghanistan or Sudan from prolonged additional suffering. Welcome though it is, the Ukraine tribunal risks becoming a fig leaf for the collective failure to swiftly halt an indisputably illegal war. Legal redress may be sought in other ways, through so-called hybrid courts (as in Sierra Leone and Cambodia), or via national courts that assume 'universal jurisdiction'. French and German courts, for example, have prosecuted former Syrian regime torturers, on the principle that such crimes harm the international order. This approach is underpinned by the UN's 2005 'responsibility to protect' doctrine, which requires states to act to prevent mass atrocity crimes. Trouble is, most states neglect most such responsibilities most of the time. Worse still, as Amnesty International's annual report, published last month, notes, some governments 'actively undermine' the quest for international justice. Trump, a serial lawbreaker and convicted felon, has pilloried the ICC and sanctioned its officials. Hungary hosted Netanyahu in April when, in all honour, it should have arrested him. Countries in the global south felt it necessary to create the Hague Group this year to protect the ICJ and ICC against arbitrary assaults on their authority. Defiance of international law grows fiercer as demands to observe it intensify. Dictators and authoritarian regimes rarely stick to the rules. Yet democratic states such as Britain and the US, which should set an example, often do the opposite – most notoriously with the precedent-setting, illegal 2003 invasion of Iraq. The UK is arguing in court that supplying Israel with components for combat jets used in Gaza is acceptable because, it claims, there's no proof that genocide is occurring there. Such shameless sophistry ignores Britain's unambiguous legal obligation, under the genocide convention, to prevent and pre-empt genocide – not hang about until it has already happened. It's not all downhill. Significant victories have been won. Putin and Netanyahu were indicted. Public awareness of war crimes and crimes against humanity is rising. Other transgressors face a reckoning, sooner or later. Perhaps Ukraine really will obtain justice. For this epic struggle is raging everywhere, reflecting contested, transformational shifts in the global order and balance of power. Put simply, it's a struggle to do what's right. At its heart lies not criminal wrongdoing but huge moral confusion among political leaders, their generals and followers. Without respect for law, human societies, however configured, cannot succeed. Peaceful coexistence ceases. All values, all security are lost. What's left is the law of the jungle. Simon Tisdall is a Guardian foreign affairs commentator
Forbes
11-05-2025
- Politics
- Forbes
International Coalition Agrees On The Special Tribunal For The Crime Of Aggression Against Ukraine
Destroyed Russian armored vehicles line the street in the city of Bucha, west of Kyiv, on March 4, ... More 2022. (Photo credit: ARIS MESSINIS/AFP via Getty Images) On May 9, 2025, representatives of State and international institutions met in Lviv, Ukraine, to formally endorse the establishment of a Special Tribunal for the Crime of Aggression against Ukraine. In accordance with the Lviv Statement adopted on the day, the group welcomed the finalization of the preparatory work required to establish a Special Tribunal within the Council of Europe. They committed to establishing the Special Tribunal, to the swift commencement of its operations, and to supporting it in its work. This gathering comes only a few days before the meeting of the Council of Europe's foreign ministers on May 13-14, 2025, where Ukrainian Foreign Minister Andriy Sybiha will submit a letter requesting formal approval of the Agreement to create the Tribunal. This is an important step towards justice for Russia's attack on Ukraine. While many of the crimes perpetrated by Putin and his troops are already being investigated and prosecuted, whether by domestic or international tribunals, the crime of aggression is yet to be addressed with comprehensive responses. While, for example, the International Criminal Court (ICC) has powers to investigate any acts of genocide, war crimes and crimes against humanity committed on the territory of Ukraine, it cannot exercise its jurisdiction with regard to the crime of aggression against Ukraine. This is because the act of aggression is committed by Russia, a state that is not a party to the Rome Statute. One option would be for the U.N. Security Council to refer the situation to the ICC. However, such an attempt would have been blocked by Russia, a permanent member of the U.N. Security Council with a veto right. As such, States and experts have been looking into other options to ensure that the mother of all crimes in Ukraine - the crime of aggression - does not escape accountability. The establishment of the Tribunal will be based on an agreement between Ukraine and the Council of Europe. The Council of Europe is now to set up the necessary framework to establish the Special Tribunal, which will derive its jurisdiction from Ukraine. The Tribunal will have the power to investigate, prosecute and try Russian political and military leaders, who bear the greatest responsibility for the crime of aggression against Ukraine. Once the Special Tribunal is established, Ukrainian national authorities will be able to refer ongoing domestic investigations and prosecutions related to the crime of aggression to the Prosecutor of the Special Tribunal. The evidence gathered in the context of the work carried out within the International Centre for the Prosecution of the Crime of Aggression (ICPA), hosted within Eurojust, European Union Agency for Criminal Justice Cooperation, will also be transmitted to the Prosecutor of the Special Tribunal as appropriate. The ICPA officially started operations at Eurojust in July 2023, supporting the preparation of crime of aggression cases by securing evidence and facilitating the process of case building at an early stage. The ICPA enables independent prosecutors from different countries to work together, exchange evidence in a fast and efficient manner, and agree on a common investigative and prosecution strategy. In addition to Ukraine, five of the joint investigation team (JIT) members (Lithuania, Latvia, Estonia, Poland and Romania) are participating in the ICPA's start-up phase. Russia's crimes in this war against Ukraine require comprehensive responses, using all tools in the toolbox. This includes domestic investigations and prosecutions in Ukraine and other countries (including those based on the principle of universal jurisdiction), and investigations conducted by the ICC, among others. However, the crime of aggression, the crime that started it all before the investigated and prosecuted war crimes and crimes against humanity were perpetrated, must be met with the right responses. The Special Tribunal for the Crime of Aggression against Ukraine is the response the world must see to send a powerful message to Putin, but also others with similar aspirations, that one cannot get away with the crime.
The Independent
09-05-2025
- Politics
- The Independent
What is the special tribunal for Ukraine that world leaders have backed?
Some 40 world leaders announced their support Friday for the creation of a new international court to prosecute those most responsible for Russia 's full-scale invasion of Ukraine. The special tribunal aims to target senior Russian leaders for the 'crime of aggression," which underpins the countless war crimes Ukraine accuses Russian forces of committing since the start of the war in 2022. Because Russia is not a member of the International Criminal Court, it cannot prosecute Russian President Vladimir Putin and other senior leaders for starting the conflict. Ukrainian and European leaders came up with the special tribunal as an alternative way to hold Russian leaders to account. The court will be formed following a joint agreement between Ukraine and the Council of Europe, the continent's top human rights organization. What is the Special Tribunal for the Crime of Aggression against Ukraine? Since early in the conflict, Kyiv has been pushing for the creation of a special tribunal that goes beyond prosecuting war crimes that Ukraine alleged Russian forces committed — including bombing civilian infrastructure, killing civilians, rape, taking hostages and torture. Russia denies those claims. 'If we want true justice, we should not look for excuses and should not refer to the shortcomings of the current international law but make bold decisions that will correct those shortcomings that unfortunately exist in international law,' Ukrainian President Volodymyr Zelenskyy said during a visit to the Netherlands in 2023. Similar special tribunals were established after World War II, the Balkan wars sparked by the disintegration of the former Yugoslavia and the 1994 Rwandan genocide. The institution will be funded by the countries who back it, known as the Core Group, including the Netherlands, Japan and Canada. The United States had backed the project under former President Joe Biden, but President Donald Trump's administration did not support the initiative. On Friday, Ukraine's Foreign Ministry said in a joint statement with foreign ministers from some 40 countries that technical legal work necessary to establish the tribunal is complete. It added that the court will be formalized at a Committee of Ministers of the Council of Europe in Luxembourg later this month. The statement was agreed in the presence of EU foreign policy chief Kaja Kallas in Lviv, in western Ukraine. Once established the tribunal will focus on prosecuting Russian leaders most responsible for the full-scale invasion of Ukraine that began in 2022. Kyiv has been pushing for the creation of a special tribunal since early in the conflict. The legal framework for the project was agreed on by leaders in February. What is the crime of aggression? The crime of aggression is the planning and execution of a large-scale military invasion of another country. 'The crime of aggression is sometimes referred to as the 'mother of all other crimes' because it precedes all of the other crimes, war crimes, crimes against humanity, even genocide," Iva Vukusic, an international law expert at the University of Utrecht, told The Associated Press. 'You don't prosecute foot soldiers for aggression,' she added. The tribunal plans to pursue cases against around 20 to 30 high-ranking officials. A dozen Nazi leaders including Hermann Göring and Rudolf Hess were convicted of what was then called 'a crime against peace' during the Nuremberg trials following WWII. That was the last time anyone has been convicted of aggression. Will the tribunal prosecute Putin? International law grants the so-called troika — consisting of a country's head of state, head of government and foreign affairs minister — immunity from prosecution while they are in office. However, the tribunal could initiate proceedings against Putin and wait until he leaves office to move forward with a trial. There is no statute of limitation on the crime of aggression. The court will have the power to hold trials in absentia, though anyone convicted without being in the custody of the tribunal would have the right to a retrial. Why can't the International Criminal Court prosecute these crimes? The move to create a special tribunal aims to fill a void created by limitations on the ICC. While The Hague-based court can go after Russian nationals for genocide, war crimes and crimes against humanity, it cannot prosecute Russians for orchestrating the invasion itself. The 2002 Rome Statute which created the court was amended in 2010 to include the crime of aggression — but only for countries that have joined the court. The Russian Federation is not a member state. The court has issued an arrest warrant for Putin for war crimes, accusing him of personal responsibility for the abductions of children from Ukraine, as well as five other officials. Where will the tribunal be established? The Hague, already home to the ICC, the top court of the United Nations and other judicial institutions, has been suggested as a location but a final decision has not yet been made. The city is already home to the International Center for Prosecution of the Crime of Aggression, which supports evidence-gathering and is overseen by the European Union's judicial cooperation agency, Eurojust. The Council of Europe-backed register of damages, which allows Ukrainian victims of war to catalog the financial harm they have suffered, is also based in the Netherlands. Backers are hopeful the institution will be up and running by early next year.
Yahoo
09-05-2025
- Politics
- Yahoo
UK's Lammy to join international meeting in Lviv on support for Ukraine
LONDON (Reuters) - British foreign minister David Lammy will on Friday meet with his Ukrainian counterpart and 17 other foreign ministers in Lviv, western Ukraine, to confirm their support for the establishment of a Special Tribunal for the Crime of Aggression against Ukraine. Britain's foreign office said in a statement the meeting would also be used to discuss how to secure peace in Ukraine. "We stand for a just and lasting peace, for a secure Europe, and for accountability and justice," Lammy said in the statement. The tribunal will be set up by the Council of Europe, the continent's leading human rights watchdog that was formed after World War Two to uphold rights and the rule of law. The meeting falls on the same day that Russian President Vladimir Putin hosts Chinese President Xi Jinping and other leaders for a military parade on Red Square to mark the 80th anniversary of the World War Two defeat of Nazi Germany.
Reuters
09-05-2025
- Politics
- Reuters
UK's Lammy to join international meeting in Lviv on support for Ukraine
LONDON, May 9 (Reuters) - British foreign minister David Lammy will on Friday meet with his Ukrainian counterpart and 17 other foreign ministers in Lviv, western Ukraine, to confirm their support for the establishment of a Special Tribunal for the Crime of Aggression against Ukraine. Britain's foreign office said in a statement the meeting would also be used to discuss how to secure peace in Ukraine. "We stand for a just and lasting peace, for a secure Europe, and for accountability and justice," Lammy said in the statement. The tribunal will be set up by the Council of Europe, the continent's leading human rights watchdog that was formed after World War Two to uphold rights and the rule of law. The meeting falls on the same day that Russian President Vladimir Putin hosts Chinese President Xi Jinping and other leaders for a military parade on Red Square to mark the 80th anniversary of the World War Two defeat of Nazi Germany.
