The United Kingdom’s newly elected Labour government is aiming to accelerate global efforts to establish a tribunal capable of trying Russian officials for crimes of aggression in Ukraine, according to Lord Chancellor and Justice Secretary Shabana Mahmood. This initiative seeks to breathe new life into a process that has faced numerous hurdles over the past two years. 

This comes as discussions continue in Vilnius this week, where the UK and its allies hope to establish a legal framework at a conference of Ministers of Justice of the Council of Europe entitled “Towards accountability for international crimes in Ukraine.” The meeting also saw the opening of the world’s first global AI treaty.

In the statement, Mahmood “reiterated the UK’s commitment to supporting Ukraine and ensuring Russia is held accountable for its full-scale invasion” discussing with other Ministers from across Europe “the progress on establishing a Special Tribunal for the Crime of Aggression to hold Putin’s Russia to account for its illegal war.” 

A core issue hindering progress has been selecting an appropriate body to host the tribunal. Additionally, the United States has expressed concerns about setting a precedent that could, in the future, strip leaders of immunity, potentially placing Western officials at risk of similar legal challenges, as Anton Korynevych, ambassador-at-large for Ukraine’s Ministry of Foreign Affairs previously told JURIST.

Among the primary advocates, the UK stands as a pivotal member of a coalition of 40 nations striving to devise a legal mechanism to hold Russian leaders, specifically President Vladimir Putin, Prime Minister Mikhail Mishustin, and Foreign Minister Sergey Lavrov, accountable for their actions.

Mahmood emphasized the necessity of urgent legal action, reflecting on the military and humanitarian crises in Ukraine. “We aim to invigorate the dialogue, recognizing that it has persisted for too lengthy a period,” Mahmood stated. “Careful yet swift deliberation is crucial to identify the optimal means for establishing the tribunal.”

These remarks were made ahead of a significant assembly of Council of Europe justice ministers in Vilnius. The meeting’s agenda includes discussing the framework for an international tribunal reminiscent of Nuremberg, aimed at securing widespread legitimacy. This marks the first occasion that Labour, while in government, has addressed putting Putin on trial for the Ukrainian invasion.

Mahmood also acknowledged the widespread support for the Council of Europe to spearhead the creation of the tribunal. “Every option remains under consideration with our new government, and we recognize the unyielding enthusiasm from Ukraine for a system of accountability,” she affirmed.

The Labour government is committed to devising an efficient and legally sound approach, without unnecessary delays. Mahmood reiterated the UK’s commitment to the Council of Europe and the European Convention on Human Rights, particularly in light of current events in Ukraine.

Prominent supporters of the tribunal include human rights barrister Philippe Sands KC and former Prime Minister Gordon Brown, who argue the United Nations Security Council, hampered by a Russian veto, cannot facilitate the tribunal. Thus, the Council of Europe stands as the preferred alternative.

This comes as  The ICC Chief Prosecutor met with The Justice Secretary this week, and said in a conversation with the BBC’s Nick Robinson that Britain has regained its “moral compass” under Sir Kier Starmer’s leadership.

Currently, the International Criminal Court (ICC) cannot address the crime of aggression directly, as neither Russia nor Ukraine have fully ratified the Rome Statute. Although the ICC has issued warrants for Putin’s arrest concerning the forced relocation of Ukrainian children and for former Defense Minister Sergei Shoigu for attacks on Ukraine’s power grid, it cannot prosecute the top Russian leaders responsible for the February 2022 invasion.

While in Vilnius, the Justice Secretary also met with her Polish counterpart Adam Bodnar. Their meeting “focused on justice reforms and bilateral cooperation in exchanging expertise on prison and probation reform”.