The Special International Tribunal should become an effective and fair way to punish Russia for the crime of aggression against Ukraine, and one of its options is to establish an "internationalized court". This was stated by Deputy Head of the Presidential Office Andriy Smyrnov during a briefing at the Office of the President.
"Over the past 70 years, after the Nuremberg Trials, the crime of aggression has been committed all over the world. And the world has been quietly watching all this time, as if there was no UN General Assembly resolution on aggression. Unfortunately, the doctrine of international law does not work, so the bloodiest crime of aggression in the last 70 years, committed by Russia in the center of Europe, may also go unpunished. Justice demands punishment for perpetrators, and our tribunal is the only way to do it," said Andriy Smyrnov.
According to him, the Core Group on the establishment of a special tribunal for the crime of Russian aggression against Ukraine will meet again in September in The Hague. The Deputy Head of the Presidential Office noted that among the new options to be considered during the Core Group meeting is the possibility of creating an "internationalized court."
"One of the compromises we are considering is the possibility of creating an “internationalized tribunal”, but not in Ukraine and not as part of the Ukrainian judicial system. This is necessary in order to find a way to establish the tribunal supported by all partners," emphasized Andriy Smyrnov.
The Deputy Head of the President's Office noted that the establishment of an internationalized tribunal could later be supported by the UN General Assembly.
"In this case, the UN General Assembly will support the establishment of a tribunal in an internationally reputable jurisdiction," added Smyrnov.
According to him, Ukraine does not agree with the so-called hybrid form of the tribunal, when it is created under Ukrainian law and then recognized by other countries.
"Establishing such a tribunal - a hybrid tribunal - as part of the Ukrainian system will require amendments to the Constitution, which is impossible under martial law. The creation of a "hybrid" tribunal carries a high risk that the crime of aggression will be classified as an interstate conflict between two countries. In the end, we do not need a tribunal's decision in the name of Ukraine, we need a tribunal's decision in the name of the civilized world," emphasized Andriy Smyrnov.
For his part, Anton Korynevych, Ambassador-at-Large of the Ministry of Foreign Affairs, member of the working group on the establishment of the tribunal under the President of Ukraine, noted that the internationalized tribunal envisages the involvement of international prosecutors, investigators, and international judges with citizenships other than that of the state that is the victim of aggression.
Anton Korynevych also emphasized that it is possible that in the future the special tribunal will be able to punish the leadership of other states for their participation in the war against Ukraine and for committing acts of aggression. He drew attention to the fact that the actions of the leadership of some third countries fall under the international definition of an act of aggression.