Zelenskyy signs agreement in PACE to launch special tribunal against Russia
Photo: President Volodymyr Zelenskyy (GettyImages)
President Volodymyr Zelenskyy and Secretary General of the Council of Europe Alain Berset have signed an agreement on the establishment of a Special Tribunal for crimes of aggression against Ukraine, according to the broadcast of the document signing.
"It's truly a very important step. Today, we are launching the process to create a tribunal for Russia's crime of aggression against Ukraine. Every war criminal must know: there will be justice, and that includes Russia. We are now boosting the legal work in a serious way. There is still a long way to go. Politically, we've already made a big progress," Zelenskyy said.
In his opinion, the tribunal gives Ukraine a real chance to achieve justice for the crime of aggression, even if international institutions lack the tools to do this.
"We need to show clearly: aggression leads to punishment. And we must make it happen together across all of Europe," the President added.
What we know about the Special Tribunal
The statute does not include references to personal immunities, despite lengthy discussions and different positions during negotiations. This opens the possibility of bringing charges even against Russia's current leadership - the so-called trio. However, a verdict or conviction in absentia would only be possible once they are removed from office.
The Special Tribunal against Russia will have the status of an international body, not a hybrid or national institution.
"The foundation is Article 8 bis of the Rome Statute of the ICC, supplemented by the criteria for aggressive war outlined in UN General Assembly Resolution 3314. The definition is clear. Accountability is inevitable," said Deputy Head of the Office of the President Iryna Mudra.
The Special Tribunal will not compete with the International Criminal Court (ICC); rather, it will complement its work. Both processes may proceed in parallel, but if a suspect is transferred to the ICC, proceedings in the Special Tribunal will be suspended.
The statute will also allow for trials in absentia, without the presence of the accused. This will make it possible to issue verdicts in absentia, except in cases involving current members of the so-called trio who are still in power. This provision could potentially apply to officials from Belarus and North Korea as well.
"The creation of the Special Tribunal is a chance for the first official international recognition of Russia's crime of aggression since 2014. Its indictments will become the legal truth about who started this war, when, and how, just like the Nuremberg trials did," added the Deputy Head of the Presidential Office.
The Special Tribunal is necessary because the International Criminal Court does not have jurisdiction over Russia's war crimes in Ukraine. Russia never signed the Rome Statute, and Ukraine only joined it after Russia's full-scale invasion.
For more details on what the Special Tribunal is, how it will work, and whether Putin could end up behind bars forever, read the material by RBC-Ukraine.
