The European Union (EU) has proposed setting up a special court to investigate and punish Russia’s war crimes in Ukraine.
According to Reuters, on the 30th of last month (local time) the president of the EU Commission Ursula von der Leyen said: “Russia must pay for its terrible crimes, including the crime of aggression against a sovereign state”. her the establishment of a UN-backed Special Tribunal while continuing to support the International Criminal Court.” “We are ready to work with the international community to gain maximum international support for the Special Tribunal,” she added.
The International Criminal Court in The Hague in the Netherlands began its own investigation into Russia’s “crimes against humanity” and “war crimes” in early March. However, it does not have the authority to prosecute Russian President Vladimir Putin and his associates for “crimes of aggression”. The crime of aggression only applies to countries that have ratified a separate convention, as Ukraine and Russia do not ratify the countries. It is possible to enforce the crime of aggression through a UN Security Council resolution, but it is practically impossible as Russia is a permanent member of the council.
For this reason, Ukrainian and international law experts have consistently advocated the establishment of a special court to punish President Putin and his aides. The EU considers that the support of the United Nations is particularly important for the establishment of a special court. EU officials told Reuters that “ensuring international support and UN involvement is essential to moving beyond impunity for national leaders (since the crime of aggression is a crime of leadership).”
President Von der Leyen also said on the same day, “We will find a legal way to use the assets seized from Russia as part of the sanctions against Russia to rebuild Ukraine.” Ukraine is estimated to have suffered 600 billion euros (about 818 trillion won) in damages due to the Russian invasion.
