Deputy Head of the Office of the President of Ukraine Andriy Smyrnov endorses the establishment of a Special International Tribunal through a vote in the UN General Assembly or by signing an international treaty with the mandatory lifting of the immunities of the three Russian leaders – the President, the Prime Minister and the Foreign Minister. This was discussed at the conference on the establishment of a Special International Tribunal for the Crime of Aggression against Ukraine, which took place in London today.
"Currently, many countries are concerned that the hybrid model, which will essentially be a Ukrainian domestic court, cannot be implemented, as it will delay, or perhaps even completely eliminate, the prospect of bringing Putin, Lukashenko, Lavrov and other high-ranking officials to justice, as they will enjoy personal immunity before the domestic hybrid tribunal," explained Smyrnov.
According to the Deputy Head of the Office of the President, the establishment of an international rather than a hybrid tribunal would be the best way to lift the relevant immunities.
"We call on lawyers and experts to consider how the future tribunal could overcome the immunity of the "trio": the President, Prime Minister and Foreign Minister of Russia and try them for the crime of aggression committed against Ukraine. Given its global influence and historic leadership in human rights issues, the UK can play a crucial role in further galvanizing international support for this proposal," said Andriy Smyrnov.
He recalled that a core group of 40 countries is negotiating the establishment of a Special Tribunal to try Russia's senior officials for the crime of aggression. The Dutch government has offered to host such a tribunal. However, it remains to be decided what model it will be based on.
The conference "Special International Tribunal for the Crime of Aggression against Ukraine" took place today in London. Among the speakers of the one-day event were Minister of Justice of Ukraine Denys Maliuska, Prosecutor General of Ukraine Andriy Kostin, MPs Alicia Kearns and Stephen Doughty, Executive Director of the International Bar Association Mark Ellis, Member of the UN International Law Commission Dapo Akande, Chief Prosecutor of the UN International Criminal Tribunals for the former Yugoslavia and Rwanda Richard Goldstone, Former Chief Prosecutor of the Special Court for Sierra Leone David Crane, Director of Legal Advice and Public International Law of the Council of Europe Jörg Polakiewicz.
Following the conference, the participants signed a joint communiqué submitted to the UK leadership, calling for the establishment of a tribunal through a vote in the UN General Assembly or by signing an international treaty with the mandatory lifting of the trio's immunities. The draft communiqué also contains specific recommendations voiced at the conference on how to lift the immunities of the "trio" in accordance with international law.