Ukrainian President's Office explains how special tribunal on Russian aggression will work

Iryna Mudra, Deputy Head of the Office of the President of Ukraine, has outlined the key provisions of the Statute of the Special Tribunal which will consider crimes committed by Russia against Ukraine.

Source: European Pravda with reference to Mudra on Facebook

Details: Mudra emphasised that the prepared Statute provides a genuine opportunity to hold those who initiated the war accountable.

She noted that the Statute does not mention personal immunities despite different positions and extremely difficult negotiations.

"Even the current leaders of the aggressor state – the so-called Troika – will not escape responsibility: they may receive indictments, which the Tribunal's prosecutor will be able to publicly present and submit to the judge in the preliminary proceedings," Mudra said.

Sentencing and conviction in absentia will be possible after the Troika, which notably includes Russian leader Vladimir Putin and Foreign Minister Sergei Lavrov, is removed from office.

The tribunal will have international legal standing, rather than the status of a hybrid or national structure. It is an independent institution of international law that will speak on behalf of the world in the language of international law.

The Statute is based on Article 8 bis of the Rome Statute of the International Criminal Court, supplemented by the criteria for aggressive war outlined in UN General Assembly Resolution 3314.

"The Special Tribunal does not undermine the International Criminal Court – it complements it. Proceedings can run in parallel, and in the event of the transfer of the accused to the ICC, the proceedings in the Tribunal are suspended," Mudra explained.

Mudra added that a separate achievement for Ukraine is the inclusion of the in absentia mechanism. This makes it possible to obtain verdicts even without the presence of the accused (except for the current Troika while they are in office). This particularly applies to Russia's political and military leadership and potentially also to Belarus and North Korea.

Background:

• On Wednesday 25 June, Alain Berset, Secretary General of the Council of Europe, and Ukrainian President Volodymyr Zelenskyy will sign an agreement establishing the Special Tribunal for the Crime of Aggression against Ukraine.
• This will take place during Zelenskyy's first visit to the Council of Europe.
• The Committee of Ministers of the Council of Europe launched the legal procedure for establishing the Special Tribunal on 14 May. Prior to that, the process had received political approval at a special summit in Lviv on 9 May.

Read also: Trial for Lavrov and Putin: all about the tribunal for Russia that received Europe's blessing

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