War in Ukraine: Germany in favor of a special tribunal to prosecute Russian leaders
The head of German diplomacy Annalena Baerbock and her Dutch counterpart in The Hague, January 16, 2023. REUTERS - PIROSCHKA VAN DE WOUW
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As the death toll from Saturday's strike on a residential building in eastern Dnipro has risen to 40 and could rise further, Germany's foreign minister on Monday backed the creation of a tribunal special to prosecute Russian leaders following the invasion of Ukraine.
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Through the voice of the Swedish Presidency of the Council of the EU, Ulf Kristersson, denounced a "
war crime
" after the bloody bombardment of a residential building in Dnipro.
He may one day be tried at the International Criminal Court (ICC) in The Hague, but for Germany, we must go further.
Visiting The Hague, the head of German diplomacy called on Monday for the creation of a new tribunal to "
bring the Russian leaders to justice
".
“
A war of aggression will not go unpunished
”
Since the beginning of the invasion, calls have multiplied for the creation of
a tribunal that can prosecute Russia's "
crimes of aggression
"
against Ukraine.
This crime would consist in trying and criminally condemning the highest state officials for having decided to attack a third country.
Because the ICC is investigating alleged war crimes and crimes against humanity in Ukraine.
But it does not have jurisdiction over Russia's “
crimes of aggression
” because Moscow is not a signatory to the Court's founding Treaty of Rome.
According to Annalena Baerbock, this tribunal could use Ukrainian law but would be based abroad with international judges.
“
Some had in mind the creation of a new international tribunal.
This would, in my opinion, have serious disadvantages for the International Criminal Court, which we must and want to strengthen at this time,
she stressed from the Academy of International Law in The Hague.
Our idea with certain partners is therefore to strengthen the International Criminal Court, not to weaken it, and that a court can derive its jurisdiction from Ukrainian criminal law.
That is why it is important for us to have an international component, for example a location outside Ukraine, with financial support from partners and with international prosecutors and judges to underpin the impartiality and legitimacy of this court.
It would be a new format.
»
► To read also: War in Ukraine: the moment of truth for international justice
“
We must send a clear message to Russian leaders here and now that a war of aggression will not go unpunished
,” said the head of German diplomacy.
She then explained that she had discussed with Ukraine and other allies a “
special solution
” which could “
derive its jurisdiction from Ukrainian criminal law
”.
Tens of thousands of children abducted
Annalena Baerbock has also called for changes to the statute of the ICC, which sits in The Hague, so that it can eventually try Russian officials for aggression.
The only other way at present is through a UN Security Council resolution, but it would come up against a veto from Moscow, which has a permanent seat there.
The head of German diplomacy and her Dutch counterpart Wopke Hoekstra also denounced the kidnapping of "
tens of thousands of
Ukrainian children" by Russia and promised to bring these crimes to light.
Annalena Baerbock promised to take the issue to the Human Rights Council in Geneva, and stressed that new EU sanctions against those responsible were being considered.
"
As with all these crimes, they are heinous crimes
," she added.
(
And with
AFP)
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