On January 16, 2023, German Foreign Minister Annalena Baerbock called for the creation of a special tribunal to try Russian leaders for aggression in The Hague. Foreign Minister Baerbock, under pressure, wants to send “a very transparent message to Russian leaders . . . . ) and, therefore, also to everyone in the world that a war of aggression in this world will not go unpunished. “Foreign Minister Baerbock called for more determination of whether Russia’s crimes constitute genocide. The fight against the crime of aggression is a priority. In the Matrix, France “also fully assists the Ukrainian judicial formula and the International Criminal Court, both competent to conduct autonomous and independent investigations aimed at ensuring the accountability of the guilty. “for those crimes. ” As aid for the Aggressive Crimes Tribunal increases, so does the pressure on the U. S. The US and UK are in line with the US and UK to outline their position on the issue.
In her statement, Foreign Minister Baerbock called for reform of the law on foreign criminals to close the loophole that prevents the International Criminal Court (ICC) from prosecuting the crime of waging aggressive war. As things stand, this hole means that the ICC has interaction in relation to Russia’s crime of aggression.
While the ICC has the authority to investigate any act of genocide, war crimes and crimes against humanity committed on Ukrainian territory, it exercises jurisdiction over the crime of aggression against Ukraine. The act of aggression is committed through Russia, a state that is not a party to the Rome Statute. One option would be for the UN Security Council to refer the scenario to the ICC. However, such an attempt would have been blocked through Russia, a permanent member of the UN Security Council with the right to veto. power.
The new call for legal means of election complements the ongoing instances before the ICC, the International Court of Justice and the European Court of Human Rights. The proposal is to identify a special court, the Special Tribunal for the Punishment of the Crime of Aggression against Ukraine. (Special Court), with a limited emphasis on the crime of aggression, which is not covered by the other 3 courts. a special court. In doing so, we act in solidarity with Ukraine and its people, and we reaffirm our determination that the crime of aggression will not be tolerated, and that we will spare no effort to put an end to the terrible occasions we are experiencing lately. witness, ensuring that those who unleashed such horrors are subject to an unpublic duty under the law of thieves, so that justice can be served.
On January 16, 2023, an organization of more than one hundred mavens called for the status quo of the Special Court. They explained that “the Special Tribunal deserves to be constituted, on the same principles that guided the Allies in 1941, to investigate acts of aggression through Russia, assisted through Belarus, in Ukraine and determine whether they constitute a crime of aggression. In addition to investigating and indicting President Vladimir Putin, the court can also detain members of the Russian and, in all likelihood, Belarusian National Union. The Security Council and the political and military leaders responsible for this blatantly illegal war. (. . . ) The court would rely on foreign law, which prohibits aggression, and Ukrainian domestic law, which enshrines aggression as a crime of thieves.
While many countries adopted this measure, the United States and the United Kingdom remain reluctant to express their opinion on the initiative, concerned about the precedent it may also set. While that would possibly maintain the status quo of the Special Court, it deserves not to save you. Russia’s crime of aggression will have to be dealt with as soon as possible. In addition, a transparent message will have to be sent to all other dictators who may have Putin’s aspirations.