Ukraine special tribunal: Baerbock proposal meets opposition | tagesschau.de

Foreign Minister Baerbock wants to set up a tribunal under Ukrainian law with international judges. There Russia’s war of aggression was to be brought to trial. But in the EU it is met with rejection.

Federal Foreign Minister Annalena Baerbock’s proposal for a special Ukraine tribunal based on Ukrainian law has met with rejection from EU justice ministers. At their meeting in Stockholm, no country explicitly supported the Green politician’s initiative.

Baerbock made the proposal for a special tribunal because she fears that the necessary majorities for an international tribunal will be missed at the United Nations.

On the other hand, several representatives spoke out in favor of creating an international tribunal and indicting Russian President Vladimir Putin and people close to him. Baerbock had previously admitted that this would not initially be possible with her proposal, but only after the end of their terms of office due to the immunity of these people.

crime of “aggression”

The International Criminal Court in The Hague (ICC) is investigating alleged Russian war crimes in Ukraine. But he cannot act against Moscow for the crime of “aggression” – which, according to international law, ranges from invading a country to bombing it and blockading ports.

According to the statute, the court in The Hague can only deal with cases where 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.

That is why the EU Commission presented two alternatives in November as to how Moscow could be held responsible for the aggression: Firstly, an international tribunal. Second, a special court based on national law and staffed by international judges. In mid-January, Baerbock campaigned in The Hague for a tribunal based on Ukrainian law, the second option.

Belgian Justice Minister Vincent Van Quickenborne stressed in Stockholm that the international community must hold “the big shots” in Russia accountable and not “ordinary people in the army.” “We need an international court that is not only supported by the EU but supported worldwide,” said Van Quickenborne on the issue of the court’s legitimacy.

EU and Ukraine want to discuss criminal prosecution

According to information from Brussels, the European Union and Ukraine want to discuss options for punishing Russia’s war of aggression at their summit next week in Kyiv. “A first step could be to set up a real law enforcement agency to collect evidence of the crime of aggression,” said EU Justice Commissioner Didier Reynders.

Such a special investigator position can be used “very quickly”, emphasized Reynders. He referred to a meeting between the EU Commission under President Ursula von der Leyen and the Ukrainian government on Thursday in Kyiv. According to him, there could be an agreement in principle there.

On Friday in a week’s time there will be a summit in Kyiv with von der Leyen, Ukrainian President Volodymyr Zelenskyy and EU Council President Charles Michel.