As of: 01/16/2023 4:52 p.m
Federal Foreign Minister Baerbock has proposed a new legal format that could be used to indict Russia’s war of aggression against Ukraine. A lawsuit against President Putin is also being discussed.
Federal Foreign Minister Annalena Baerbock advocates the formation of a special international tribunal to punish Russia’s war of aggression against Ukraine.
What is needed is a tribunal that could investigate and try the Russian leadership, Baerbock said in a keynote speech at the Hague Academy of International Law in the Netherlands. She can understand the Ukrainian government’s great concern that Russia cannot be prosecuted for its aggression before the International Criminal Court in The Hague (ICC).
Foreign Minister Baerbock on talks about the Ukraine war at the International State Court in The Hague
Christian Feld, ARD Berlin, currently The Hague, daily news at 5:00 p.m., January 16, 2023
Defendant must be a member of the Hague Court
According to the statute, the Hague Court can only deal with cases in which the plaintiff and the defendant are members of the Court or a case is referred by the United Nations Security Council. Russia is not part of the court and, as a permanent member with veto powers in the UN Security Council, would probably block a referral to the court.
During her visit to Kharkiv last week, she discussed with Ukrainian Foreign Minister Dmytro Kuleba setting up a special tribunal for crimes of aggression against Ukraine,” said the Greens politician.
Baerbock has a new format in mind
It would be conceivable for a court to derive its jurisdiction from Ukrainian criminal law. It can be supplemented with international elements – “at a location outside of Ukraine, with financial support from partners and with international prosecutors and judges, so that impartiality and legitimacy are underpinned,” said Baerbock. “That would be a new format.”
At the same time, Baerbock advocated extending the jurisdiction – the jurisdiction – of the ICC to crimes of aggression. “This means that for the crime of aggression, as in the case of genocide, crimes against humanity and war crimes, it must be sufficient for the victim state to be a party.”
The ICC is recognized by 123 countries, excluding Russia and the USA. Ukraine accepted the jurisdiction of the court with a so-called declaration of submission in 2014.
Ex-judge: Accusation of Putin legally possible
Whether an indictment against Russian President Vladimir Putin has a chance of success is also being discussed. Wolfgang Schomburg, between 2001 and 2008 as the first German judge at the ICC, holds it in conversation with the tagesschau future podcast accepted It is possible that one day Putin too will have to answer before an international court for what he and his troops have done in Ukraine.
According to the “universal legal principle” Putin could even be accused in Germany – but not as long as he is president. The situation is different with the ICC. Putin would not enjoy immunity there even as president.
From November 2001 to November 2008, Wolfgang Schomburg was the first German judge at the International Criminal Tribunal for the former Yugoslavia in The Hague.
Image: Knauer&
Putin should come to The Hague
But for that you would have to get Putin to The Hague – a complete trial in absentia is not possible there and Schomburg doesn’t think it would be expedient either.
According to Schomburg, if Putin were to be indicted by the ICC, the main issues would be genocide and crimes against humanity. It would not be possible to accuse him there directly of the war of aggression. This would require a special tribunal, as the Ukraine, Baltic countries and now the German Foreign Minister are demanding.
Christian Feld, ARD Berlin, currently The Hague, on the possibility of holding Russia accountable for the Ukraine war
Tagesschau 12:00 p.m., 16.1.2023
tagesschau podcast: Let’s assume… Putin is on trial
Markus Sambale, ARD Berlin, 16.1.2023 08:45 a.m