“Every war criminal should know that there will be justice, and it is also applied to Russia,” said Selensky after signing an agreement in Strasbourg with the General Secretary of the European Council Alena Berset. This requires great political and legal courage to guarantee that every Russian military criminal, including Putin, was brought to the court, said Seven before the parliamentary meeting of the European Council. “We must send a clear message: aggression leads to punishment. And we must do it together – in general, Europe, ”he wrote later X.
For the first time such a tribunal – it must begin his work in 2026 – will be created under the auspices of the European Council. “Guardian about democracy and human rights” belong to 46 countries, including Turkey, Great Britain and Ukraine. Russia was excluded in 2022.
According to the Ukrainian web portal EWROPEJSKAJA PRAWDA The list of accused may include about 20 names, including President Vladimir Putin, Foreign Minister Sergei Lourou and Prime Minister Mikhail Mikhustin.
Debate for more than three years
The debates about the creation of the tribunal have been held since 2022. Not least Germany, France and Great Britain blocked the process. The G7 countries, according to the visible, were afraid that Putin’s law enforcement agencies could provoke the states of the global south, among other things, to facilitate the West and create their own tribunal to complain about the former leadership of the United States from the invasion of Iraq in 2003. However, the supporters of Ukraine managed to convince others.
The charter of the new special court tells about “functional immunity that is not used.” In a simple language, this means that officials who participated in the planning and implementation of Moscow aggression or cannot rely on the implementation of only executed orders.
“Personal immunity” is not mentioned. However, for example, investigations can be carried out against Putin. Nevertheless, the trial will be exposed to the head of state (or minister), if this is still in position. It is also planned that a conviction against the defendant may be in the absence.
A special court can initiate an investigation against an individual only if there is a corresponding request from the Ukrainian Prosecutor General. The tribunal prosecutor submits an investigation and decides whether it is possible to raise the charges. The expert of the tribunal must then approve or reject the arrest warrant.
During negotiations, Ukraine tried to preserve in court that Russia’s aggression began in 2014 – in vain. The compromise formula is as follows: the tribunal will have the authority to independently establish terms. This means that Ukraine can receive procedures against generals who are responsible for the occupation of Crimea and Donbass. These procedures are then sent to a special court.
