The ‘Russia Tribunal’ is coming, for the investigation into the aggression against Ukraine

This Friday an important step will be taken for the creation of a special tribunal for the crime aggression against Ukraine. The states involved have agreed on the mandate.

Since the Nuremberg Processes after the Second World War, where the crime against peace was first recognized as an international criminal offense, no one has been prosecuted or convicted of the crime aggression.

The step will be formally announced on Friday 9 May by a core group of European Foreign Ministers, in the Western Ukrainian city of LVIV. « I think the date can be seen as symbolically, » says Minister David Van Weel (Justice and Security, VVD), sitting at a table in the Dutch embassy in Kyiv. This Friday Moscow is celebrating the « Day of Victory. » The beating of Nazi Germany is commemorated with a large military parade in Moscow. « Russia calls it victory day, but it is also a day for justice, » says Van Weel.

Okraine cannot stand still or celebrate. While it is commemorating the Second World War this week, it looks ahead: how can a Third World War be prevented? In KYIV, this week were two international conferences at a high level: one around the issue of justice, one about safety. Minister Van Weel was present at the first meeting, the Dialogue Group on Accountability for Ukraineof which the Netherlands is a co-initiator.

Flowers at the monument

Van Weel was also in the woods northwest of Kyiv. Here is Boetsja, the city that symbolized the cruelty of the Russian forces. During the Russian fighting and occupation in 2022, more than four hundred citizens were killed by violence. More than fifty of them were executed standardsly.

Van Weel laid flowers at the monument for the victims. He is a former soldier himself. « I know from countries such as Afghanistan or Iraq that the worst thing you can have is lawlessness. As soon as you have lawlessness, the right of the strongest applies. And that is a jungle. »

What happened in Boetsja « is very visible, because it was very close Kyiv, because there was (after the occupation) very quick access, » says Van Weel. “But these stories are everywhere in Ukraine. And there is zero accountability. « 

In the occupied areas « you can’t live anymore unless you have a Russian passport – and if you don’t come up with your property there, you will lose it, » says Van Weel. « Education follows the Russian curriculum. A whole new generation is raised without the Ukrainian values, norms and history. It is a form of ethnic cleansing. »

Fill up gaps

Ukraine has documented more than 150,000 Russian war crimes. Until last March, these investigations led to 111 convictions.

« It has become clear to us that the investigation into Russian war crimes has reached an impasse, » wrote Ukrainian human rights activists last month. The problem that she and others diagnose is that they are too many things, and that the coherence is ignored. It is becoming increasingly clear that Russia Waddaden is systematically applied when torturing prisoners. The answer: tract the top.

The ‘Russia Tribunal’ to be established must fill the gaps where the International Criminal Court (ICC) has no jurisdiction. The ICC Vonnist about war crimes, crimes against humanity and genocide. But the decision to start the war, who the leaders are behind the act of aggression – the tribunal will consider that. The tribunal can also do something that the ICC is not allowed: lawsuits in absentia.

The tribunal follows Ukrainian law and will be established with a treaty between Ukraine and the Council of Europe. The most important thing is that the tribunal could condemn the highest responsible people. In theory, because state heads have immunity for foreign courts. As long as the ‘Troika’ – President, Prime Minister and involved ministers (of Foreign Affairs and Defense) – is still in office, members cannot be tried. That in contrast to the ICC that has already issued an arrest warrant against President Vladimir Putin.

The immunity of state heads can only be lifted when a court is seen as a representation of the overall international community, and that is not the case. The United States, among others, withdrew from the preparations this year.

No ‘perfect justice’

So if Putin never becomes president, he cannot probably be tried before starting the war. “It’s none Perfect Justice« Says Marieke de Hoon, university teacher international law at the UvA. She nevertheless calls the act of aggression important. » With the Invasion of Ukraine, we really have a textbook example of aggression. If there is no trial of it, the entire international legal order is worth nothing anymore, « says De Hoon. « You also do this for the history books. It has a lot of meaning for the future of a country and for stability in the world. »

Where the tribunal is going to sit, it is not yet certain. In view of the experience with the ICC and earlier with the Yugoslaviëtribin, the Netherlands would be an obvious choice. « The Netherlands is willing to be a host country under certain conditions, » says Minister Van Weel. A condition is that « other countries communicate politically and financially in the tribunal, » says Van Weel. This concerns, for example, where convicts will serve their detention.

The final establishment of the tribunal will follow later. Next Wednesday, Ukraine will submit a formal request for this in the Council of Europe’s Ministers Committee in Luxembourg.

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