Ukraine and partner countries have developed three models for the establishment and work of the Special Tribunal for the Crime of Russian Aggression.
The deputy head of the Presidentʼs Office (OP) and a coordinator of the working group on the creation of the Special International Tribunal Andriy Smirnov informed about this on February 6.
Therefore, possible models of establishment and operation:
- Creation of the Special Tribunal on the basis of Ukraineʼs agreement with the UN with the adoption of the relevant resolution of the General Assembly.
- Creation of the Tribunal on the basis of a multilateral open international agreement between the states of the civilized world.
- Creation of the Special Tribunal as a court that will work on the basis of Ukrainian law and Ukrainian jurisdiction (that is, it will be part of the judicial system of Ukraine), with the involvement of an international element for its construction and operation (international judges and prosecutors, location in Europe, international support).
Smirnov explained that the first two options are acceptable and will really demonstrate the worldʼs readiness for a heavy legal blow against specific international criminals, while the third, hybrid option, contains the risks of narrowing the legal assessment of aggression to the level of "interstate conflict."
- On November 23, the European Parliament adopted a resolution recognizing the Russian Federation as a state sponsor of terrorism. The parliamentarians also called for the creation of a special international tribunal.
- Earlier, OP complained that Ukraine lacks the support of the USA in the matter of creating a special tribunal over the leadership of Russia. While the United States is not ready for negotiations on this issue, the Ukrainian side wants to see the United States as "one of the leaders of this process."