More than three years after the onset of the Russian attack on Ukraine, international criminal prosecution is gaining momentum.
On Wednesday, the Council of Europe and the Ukrainian government signed an agreement in Strassburg, which is for the establishment of a special tribunal dedicated to “offense of aggression”, which refers to large -scale unpredictable violations of international law.
It aims to conduct the high-ranking convergence of the Russian leadership, possibly incorporating President Vladimir Putin Himal, who is criminally responsible for the wage decision against Ukraine.
On the occasion of the ceremony signing in Strasbourg, Ukrainian President Volodmi Zelanski said, “Strong political cooperation is required to ensure that every Russian war criminal is brought to justice including Putin.”
Each inch war in Russia has been documented, Kaza Kalas, the European Union’s High Representative for Foreign Affairs and the security policy on X. “There is no place for doubt – and there is no place for impurities,” he wrote.
Closure
Special tribunals are legally tied to the resolutions of the International Curable Law and the United Nations General Assembly.
It is most likely that the International Criminal Court (ICC), which is based there, has not yet addressed the Dyer: punishment for the decision to wage aggressive warfare, not crimes committed during war. However, as Russia never confirmed the Rome law of the ICC, its politicians cannot be sued directly at this point.
Nevertheless, the new tribunal is one of many attempts to legally prosecute Russia for the war of its aggression in Ukraine.
ICC in Hague: Arrest Warrant
In March 2023, the ICC in Hague issued an arrest warrant against Vladimir Putin for alleged illegal exile of Ukrainian children. In the Kiev, the government documented about 20,000 minors, which were deported from Ukraine to Russia during the war.
However, human rights organizations believe that the number of unwanted cases is far higher. In 2024, further arrest warrants were issued for the then Defense Minister Sergei Shoigu and Russian General Staff Chief, General Valerie Garasimov, which included civilian infrastructure targeted attacks in Ukraine.
ICJ: Russian misconduct against massacre conference
In 2022, Ukraine filed a case against Russia before the International Court of Justice (ICJ).
Unlike ICC, who are directed against individuals who have serious crimes of committees, ICJ especially related to legal disputes between states, for example on boundaries or violations of the treaty. The ICJ is therefore based in the Hague, but unlike the criminal court, it is a part of the United Nations.
In a specific case, Russia justified its attack on Ukraine in 2022 with an alleged “genocide of Russians” in Donbas. Ukraine has strongly rejected the allegation. It sees it as a Russian misconduct of the International Genocide Conference and has filed a lawsuit. In March 2023, ICJ confirmed its jurisdiction and the main action is on. However, another lawsuit filed by Kiev in 2017 against Russia for alleged terrorist financing was rejected to a great extent by ICJ in 2024.
ECTR and National Action
Many cases currently pending in the European Court of Human Rights (ECR) against Russia. One case is in connection with the downing of the MH17 passenger aircraft on Eastern Ukraine in 2014.
Another case refers to the ongoing repression in Crimea since its anecdote in the same year. ECTR is a part of the Council of Europe.
In September 2022, Russia avoids the danger of expulsion and leaves the organization. As a result, new complaints against Russia can now not be sub -sub -eCTR. The complaints submitted earlier are still being heard, however, and the decisions in thesis cases are legally valid, at least in theory. However, Russia has repeatedly disregarded ECTR decisions in the past.
In addition, national officials, for example in Germany, France, Spain and Lithuania, are investigating Russian actors for potential war crimes on the basic principle of universal jurisdiction.
The principle of universal jurisdiction is a theory of international law that allows states to allow serious crimes from prosecution, whether criminals, victims or crime sites are not located in their own country.
Action is expected in the absence of the accused
The newly established special tribunals are ready to start their work in the coming months. First, judges and prosecutors should be appointed. However, it is unlikely that it will ever be able to individual justice as Vladimir Putin.
On the one hand, a test will again be possible only after the end of its presidential post, as the head of the state and members of the government enjoy immunity. On the other hand, Russia does not recognize international courts and extradition is considered impossible. The proceedings there will be a physician in all possibilities who will be able to be only in the absence of the accused.
For the Council of Europe, the tribunal is again important, for example to collect evidence and prepare allegations, and as a blueprint for the legal process of possible future acts of aggression in violation of international law, whether by Russia or other states.
This article was the original published in German.
