Special tribunal for the crime of aggression against Ukraine: goals and prospects of creation

Abstract

The article analyzes the reasons for the creation of the Special Tribunal for the Crime of Aggression against Ukraine, comparing the jurisdiction of the International Criminal Court and Ukraine’s interests in punishing the Russian Federation and its leaders. For the purposes of our research the methods of textual analysis, comparison, data synthesis, formal-legal method and forecasting method were used. Ukraine is trying to make the maximum use of the possibilities of international law and international organizations to punish the Russian Federation for committing the crimes against international law and humanity. It is established that the jurisdictional and procedural capabilities of the International Criminal Court only partially satisfy the needs of Ukraine. Ukraine has not ratified the Rome Statute - the main document of the International Criminal Court; and cannot ratify it during the declared martial law. Similarly, the Russian Federation itself and some allies of Ukraine are not parties to the Rome Statute. Therefore, to resolve these gaps, there is a need to create an ad hoc Special tribunal for the crime of aggression against Ukraine. At the moment, the creation of the Special Tribunal is supported not only by the Verkhovna Rada of Ukraine, but also by the numerous international organizations and the parliaments of the different states: the UN, the Parliamentary Assembly of the Council of Europe, the Parliamentary Assembly of the NATO countries, OSCE, political, legal and social influencers, etc. The statute of the Special tribunal will be able to close the existing jurisdictional loopholes of the International Criminal Court, in particular in matters of determining the subjects of the crime, compensation for damage, and others. Based on the existing preliminary statements of the participants of the initiative group, socio-political influencers, experts and scientists, conclusion can be made that the Special tribunal will be organized through the UN General Assembly, the text of its charter will be addressing the issue of compensation payments to Ukraine and its allies from the seized assets of the state companies and the sanctioned legal and natural persons of the Russian Federation. The prospects of the collective responsibility and the prospects of convicting individuals in absentia will also be important issues. Key words: Special tribunal for the crime of aggression against Ukraine, International Criminal Court, crime of aggression, war crimes.