Ukraine calls for special court to try Russian war leaders

Ukrainian President Volodymyr Zelenskyy signed an agreement with the Council of Europe (CoE) on Wednesday to establish a special tribunal to prosecute those accused of orchestrating Russia’s war in Ukraine.

Ukraine argues that the tribunal is urgently needed to hold Russia’s leadership accountable for launching the full-scale invasion in February 2022.

“We need to show clearly aggression leads to punishment and we must make it happen together, all of Europe,” Zelenskyy said after signing the accord with CoE Secretary General Alain Berset.

Tribunal to be set up under the aegis of Europe’s top rights body

The creation of the tribunal comes as ceasefire talks between the two countries remain stalled, with Russian PresidentVladimir Putin appearing to believe that time is on his side.

“Every war criminal must know there will be justice and that includes Russia,” Zelenskyy said.

The CoE hopes the tribunal could begin its work as early as next year.

Berset said the next step in establishing the tribunal would be an expanded agreement to “allow the widest possible number of countries to join, to support, and to help manage the tribunal.”

Logistical details, including the tribunal’s location, still need to be resolved.

The International Criminal Court (ICC) has already issued arrest warrants for Putin and other Russian officials on war crimes charges. However, it lacks the jurisdiction to prosecute them for the crime of aggression.

Kyiv has long called for a dedicated tribunal, modeled on the Nuremberg trials, that would go beyond addressing alleged war crimes.

The CoE said the tribunal “fills the gap” created by the “jurisdictional limitations” of the ICC.

 

Europe backs Ukraine’s bid to try Russian leaders

This would be the first special tribunal established by the Strasbourg-based CoE, which promotes human rights, democracy, and the rule of law. The CoE is not part of the European Union.

European foreign ministers endorsed the creation of the tribunal during a meeting in Lviv, western Ukraine, on May 9.

German Foreign Minister Johann Wadephul, who attended the meeting, said the  “war, which violates international law, must not be allowed to remain without consequences.”

“Those who bear responsibility for this must also be held accountable by a legitimized court,” he added.

On Wednesday, Zelenskyy told the Parliamentary Assembly of the Council of Europe, “It will take strong political and legal courage to make sure every Russian war criminal faces justice, including Putin.”

Russia does not extradite its own citizens, so whether Putin will ever face trial remains uncertain.