The Core Group on the Establishment of a Special Tribunal for the Crime of Aggression against Ukraine has reaffirmed its commitment to establishing an effective and legitimate tribunal, in a resolution adopted on Friday. The resolution marks a significant step towards holding those responsible for the aggression against Ukraine accountable.
Meeting in Vienna and Riga, the Core Group, comprising representatives from various countries, welcomed Ukraine’s ratification of the Rome Statute of the International Criminal Court, which includes the Kampala Amendment on the crime of aggression. This move demonstrates Ukraine’s commitment to international law and justice.
The Core Group emphasized the importance of ensuring accountability for the crime of aggression against Ukraine and continues to work towards establishing a Special Tribunal that respects international law and enjoys broad cross-regional support. The group also acknowledged the contributions of the Council of Europe, the European Commission, and the European External Action Service to its consultations.
To further support the establishment of a Special Tribunal, the Core Group encouraged other states and international organizations to actively contribute to its consultations and consider endorsing the tribunal’s establishment. The group also invited states to contribute to the tribunal’s financing and operational resources through an instrument established for these purposes.
The Core Group reaffirmed the critical importance of adhering to applicable international law in any future proceedings of an established Special Tribunal. This includes ensuring the right to a fair trial by an independent and impartial court, access to a lawyer, timely examination of cases, enforcement of final and binding judicial decisions without undue delay, and other applicable international human rights law.
The establishment of a Special Tribunal for the Crime of Aggression against Ukraine is seen as a crucial step towards delivering justice and holding those responsible for the aggression accountable.
Commenting on the Resolution, JURIST spoke with Kerli Veski, Undersecretary for Legal and Consular Affairs at the Ministry of Foreign Affairs of Estonia who said:
Responsibility for the aggression committed against Ukraine and the accompanying international crimes lies solely on Russia’s leadership that unleashed the war. It is the duty of the international community to ensure that the so-called troika – president, prime minister and foreign minister – cannot evade accountability and hide behind immunity.
Russia’s aggression against Ukraine is not a challenge for Ukraine and Europe alone, it concerns the entire international community. If Russia’s leadership that launched the aggression is not held to account, the rules-based international order would be under threat and it would send a dangerous signal that aggression goes unpunished.
Veski indicated that the tribunal may be accomplished earliest during 2025 when more than 40 countries continue their work and agree on all necessary prerequisites. She welcomed the contributions of the Council of Europe and the EU, calling on other international organization to lend their support to the special tribunal.
