Key Takeaways:
• Legal experts from the European Commission, the European External Action Service, the Council of Europe, Ukraine and 37 other countries have drafted a statute for a Special Tribunal for handling the Crime of Aggression Against Ukraine.
• The Special Tribunal is designed to bring to justice the political and military leaders of Russia who hold greatest responsibility for crimes of aggression.
• The European Commission has endorsed a recommendation for the Council of the EU to participate in the formal negotiations for the establishment of an international Claims Commission for Ukraine.
• The Council of Europe will be responsible for approving the necessary draft legal documents for the establishment of the Special Tribunal.
Unveiling the Special Tribunal
Following an expert meeting in Brussels, legal authorities from the European Commission, the Council of Europe, Ukraine, and 37 other countries have presented the preliminary draft of the Statute of the international Special Tribunal. This tribunal is aimed at investigating the crime of aggression against Ukraine. The document, commonly known as the ‘Schuman draft Statute’, will oversee the working mechanism of the Special Tribunal.
Addressing the Tribunal’s Authority
Once it becomes operational, the tribunal will have significant authority to ensure the political and military leaders of Russia who bear the most significant responsibility for the crime of aggression are held accountable. This move seeks to bring justice to Ukraine after Russia was accused of transgressing the UN Charter and committing one of the most grievous violations: the Crime of Aggression.
European Commission’s Stand on Russia’s Aggression
In sharp words, European Commission President Ursula von der Leyen said that justice was imminent for Ukraine and that the legal foundations for a Special Tribunal have been laid down. She emphasized that there would be no justice without compensation. Russia must be held accountable for its aggression and must pay reparations, she asserted.
Push for an International Claims Commission for Ukraine
In addition, the European Commission has recommended that the Council of the EU join formal negotiations for the creation of an international Claims Commission for Ukraine. This proposed Commission will be tasked with reviewing, assessing, and deciding on the admissibility of claims recorded in the Register of Damage and determining the compensation in each case. The establishment of the Claims Commission represents a critical step towards the provision of compensation to victims of Russia’s warfare against Ukraine. Negotiations to establish this international body are scheduled to begin in late March.
Tribunal to Be Established in Agreement with Ukrainian Government
The formation of the tribunal will take place by agreement between the Government of Ukraine and the Council of Europe, and its jurisdiction will be exercised on behalf of Ukraine. The procedural responsibility for approving the draft legal documents needed for the establishment of the Special Tribunal and their subsequent signing will be borne by the Council of Europe.
EU Supports Special Tribunal
Ukraine’s proposal to establish a Special Tribunal for the Crime of Aggression has received full backing from the EU. This would enable Ukraine to forward the results of domestic investigations linked to the crime of aggression to the Prosecutor of the Special Tribunal. It would also allow Ukraine to transmit information and evidence gathered within the International Centre for the Punishment of the Crime of Aggression (ICPA), based in The Hague. These advancements represent significant progress towards bringing justice for the Crime of Aggression against Ukraine.