A special tribunal should try Russia for the crime of aggression against Ukraine, Oleksandrа Romantsova
Creating of a special tribunal, which will be able to try Russia for the crime of aggression against Ukraine, should be the result of a manifestation of the political will of states that are not indifferent to the system of world security.
This stated Oleksandra Romantsova, executive director of the Center for Civil Liberties (CCL), during the panel discussion “Taking a Discussion on the Failure of the International System to a Level Up: Should We Preserve the OSCE as a Platform for Dialogue? Is Addressing the Accountability Gap a Political Problem?” which took place on the sidelines of the Warsaw Conference on the Human Dimension (Warsaw Human Dimension Conference).
In particular, she noted that “national justice systems in other countries are not capable of prosecuting persons who have committed international crimes based on universal jurisdiction – specialized units have limited resources. And prosecutors and judges on the ground often do not understand why the investigation and punishment of persons from other countries are in their national interest.”
Oleksandra Romantsova also noted that there are gaps in the architecture of the international justice system. For example, the ICC (if we talk about the crime of aggression of the Russian Federation against Ukraine – ed.) will select only a few cases about war crimes in Ukraine.
“So, we need to create a special tribunal to try crimes of aggression against Ukraine and some kind of hybrid mechanism to try all international crimes committed by every Russian soldier and officer against the people of Ukraine. The accountability gap is not just a legal problem; it must be decided at the political level by the states. We need the courage and leadership of states that care,” the executive director of the CCL emphasized.
She also drew the audience’s attention to the fact that ending impunity and bringing criminals to justice is an example of the main task that cannot be taken care within the OSCE framework.
Therefore, according to her, “states are obliged to take the leading role in taking effective measures to ensure justice.”
“Today, when we deal with the unprecedented Russian aggression, we urgently need to ensure accountability for war crimes, crime of genocide and crimes against humanity, committed in Ukraine by Russia and its accomplice, the Lukashenka regime – and equally important, for the crime of aggression. During the 30 years of independence, the Russian Federation committed such international crimes in Moldova, Chechnya, Georgia, Syria and other conflicts, most of which took place within the borders of the Russian Federation,” the human rights activist emphasized.
She also noted that the Ukrainian justice system simply cannot cope with a huge number of cases, because only now, according to the General Prosecutor’s Office of Ukraine, there are almost 40,000 of them.
You can read more about the discussion here (in English).
Infromation note
Civic Solidarity Platform (CSP) – brings together non-governmental organizations committed to improving the human rights situation in Europe, Eurasia and North America. Its aim is to serve as a conduit through which civic activists can build alliances, strengthen mutual support and solidarity, and improve their influence on national and international human rights policy.
Organization for Security and Co-operation in Europe (OSCE) – is the world’s largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, promotion of human rights, freedom of the press, and free and fair elections.
