The Charter of the Special Tribunal for the Crime of Russia's Aggression against Ukraine has been published in its final version.
This was reported by Deputy Head of the Office of the President of Ukraine Iryna Mudra.
Charter of the Special Tribunal – what is it?
– Today we can present the result. The Charter of the Special Tribunal for the crime of aggression against Ukraine is ready. This is a historic achievement not only for Ukraine, but for the entire architecture of international law. A document that gives a real chance to bring to justice those who unleashed this war, – she emphasized.
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Mudra noted that the document was published on the website of the Committee of Ministers of the Council of Europe and briefly explained its key provisions:
No immunity for aggressors
According to her, the Charter does not contain a single mention of personal immunities, which will allow charges to be brought against the current leaders of the Russian Federation, the so-called troika. At the same time, sentencing and conviction in absentia will be possible after the troika loses its positions.
Fully international jurisdiction
The Special Tribunal for Russia will have international legal personality, and not the status of a hybrid or national structure. It is an independent institution of international law that will speak on behalf of the world in the language of international law.
The crime of aggression is clearly defined
Mudra explains that the basis is Article 8 bis of the Rome Statute of the ICC, supplemented by the criteria for aggressive war from UN General Assembly Resolution 3314. The concept is clear. Responsibility is inevitable.
Cooperation with the ICC, not competition
The Special Tribunal does not undermine the International Criminal Court, but will complement it, since the proceedings can proceed in parallel, and in the event of the transfer of the accused to the ICC, the process in the Special Tribunal is suspended.
Full-fledged absentee trials
The charter of the Special Tribunal will also include a mechanism in absentia, which will allow for sentences to be issued even without the presence of the accused, except for the current “troika” while they are in office. This may also apply to the political and military leadership of Belarus and the DPRK.
Legal establishment of truth
— The creation of the Special Tribunal is a chance for the first official international recognition of the crime of aggression by Russia since 2014. Its indictments will become the legal truth about who started this war, when and how. Just like Nuremberg did, — added Mudra.
Today, June 25, President Volodymyr Zelensky and Secretary General of the Council of Europe Alain Berset are to sign in Strasbourg an agreement on the creation of a Special International Tribunal to consider crimes of Russian aggression against Ukraine.
