Can the new Tribunal of the EU blame Russia responsible for aggression crimes in Ukraine?

The Foreign Minister of the European Union gather on May 7th to 8th in Warsaw for an informal council meeting and then drive into solidarity with Ukraine a day later, while Russia plays its celebrations on the day of the victory.

None of the meetings is an official EU council, so they are probably not that they will announce something concrete. However, the Foreign Minister is expected to get the ball rolling when creating a special tribunal to hold Russia for aggression crimes committed in Ukraine.

The special tribunal for the crime of aggression against Ukraine, as it is said, will be formalized on May 14th in Luxembourg when the Ministerial Committee of the Council of Europe meets.

What is the special tribunal for the crime of aggression against Ukraine?

Shortly after Russia launched his complete invasion in Ukraine in February 2022, the International Criminal Court (ICC) opened an investigation of war crimes, crimes against humanity and genocide, which were committed by Russian forces. This includes crimes in the Ukrainian area, which is due to the Maidan Revolution started in November 2013.

The new tribunal would examine what so -called crimes of aggression, about which the ICC is not a responsibility. It would be an international court that is rooted in Ukrainian jurisdiction with a so-called legal personality under international law, the Ukrainian law and the law of the host country, which does not have to be determined as soon as the French city of Strasburg, which is the official seat of the Europeanariat, but the tribunal may end in the Hague in the Hague.

What is a crime of aggression?

According to the law of the tribunal seen by RFE/RL, a “crime of aggression” means the planning, preparation, initiation or execution, from a person in a position to practice control over or the political or military act of a state, which is an obvious violation of the unimaginations of the United Nations due to its character, engraving and the standard. “

The statue also notes that an “act of aggression” “means the application of the force by a state against sovereignty, territorial integrity or the political independence of another state”.

Many of the measures that Russia has undertaken in recent years, such as occupations, annexations, navy blocks and bombing, both civil and military goals in Ukraine (although it refuses to dismiss such an infrastructure) form aggression acts. From a legal point of view, the invasion of Russia is regarded as a “unjustified war” or “war of conquest”.

The term “crime of aggression” has a large scope that can also contain actions as a war crime or genocide. The tribunal will work closely with the ICC in the distribution of cases.

The tribunal would have the authority to “examine, persecute and try to examine people who have the greatest responsibility for the crime of aggression against Ukraine”.

In other words, aggression crimes are what is referred to as “leadership” and is determined by the text: “A person in a position who effectively exercises or steer control over political or military action”.

This would include politicians in Russia and possibly those in other countries who have contributed to undermining the territorial integrity of Ukraine – namely Belarus, Iran and North Korea.

Does Putin have immunity before law enforcement?

Russian President Vladimir Putin and those in his inner circle have immunity before law enforcement in office under a so -called “triangle of immunity” for sitting presidents, Prime Minister and Foreign Minister. This often includes Defense Minister.

This immunity can only be technically dispensed with by the United Nations, but given the fact that Russia is a constant member of the UN Security Council, this technology becomes rather academic.

It is most likely that the tribunal will see a lot “in the absence” Listen and decisions that will be possible after the bill.

What exactly will the tribunal do?

A core group of countries has been collecting evidence together with Ukraine since 2023, so that the work is already well undertaking. It is a bit like “a legal” coalition of the willing “” with around 40 countries, including most of the 27 EU member states minus Hungary and Slovakia. The United States is excluded in the G7 countries, which recently signaled that it will not participate. And another advice from European countries. However, every nation can join at any time.

An administrative committee that consists of civil servants will now select judge and a prosecutor. The draft law finds that “the judges of the special tribunal should be people with a high moral character, impartiality and integrity who have the qualifications required in their respective countries for the appointment as the highest judicial offices. They are independent.

The prosecutor is chosen by an absolute majority of the administrative committee by a secret ballot for a period of seven years.

If a party is found guilty by the tribunal, they could be confronted in prison for a lifelong prison for a lifelong prison and fines. The convicts will serve their prison sentence in a state that has concluded a specific agreement with the Tribunal. If there is no such country, “the prison sentence in Ukraine can be delivered.”