A special tribunal is required to condemn the crimes of the Russian Federation on the territory of Ukraine - Korynevych

19 December 2022, 22:47 | Ukraine
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Ambassador-at-Large of the Ministry of Foreign Affairs of Ukraine Anton Korynevych said that it is not so difficult to prove Russia's war crimes on the territory of Ukraine, but the existing judicial instances may not be enough, so a special tribunal is needed for this. It is reported by Ukrinform.

According to him, this should be dealt with by the International Criminal Court, but it does not have jurisdiction specifically over the crime of aggression in our particular situation.. “In this matter, the ISS is limited by the so-called Kampala Amendments to the Rome Statute. They state that in order for the ISS to have jurisdiction over the crime of aggression, it is necessary that the state that committed the attack ratify the Rome Statute and these amendments (today 44 states of the world have ratified them), or that this situation be referred to the ISS by the UN Security Council, -.

The Ambassador stressed that the Russian Federation has not ratified the Rome Statute and will never allow the adoption of a resolution of the Republic of Belarus in relation to itself, using the right of veto as a permanent member of the Security Council.

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At the same time, the UN General Assembly recognized the Russian war as aggression, and it is for it that the top military leadership of Russia should be held accountable, Korinevich stressed..

“And the crime of aggression is the root cause of all other crimes, because if it weren’t for it, then there wouldn’t be all the others,” the diplomat added..

Korynevych also recalled that the ISS is investigating three other types of crimes in Ukraine, for which it is not necessary to ratify the Rome Statute or adopt UN Security Council resolutions - war crimes, crimes against humanity and the crime of genocide.

Thus, national courts, including Ukrainian ones, cannot hold the top leadership of the aggressor state liable through immunity - the protection provided by international law.. "

The issue of proving the crime of aggression is one of the reasons why Ukraine considers it necessary to establish a special tribunal, said Korynevych. " This does not require a lot of evidence to be collected, unlike crimes against humanity or war crimes, because everything is clear, everything is open,” he said..

Among such evidence, Korynevych named the decree of the President of Russia on the start of a “special military operation” in Ukraine..

The diplomat said that it is sometimes difficult to establish a connection between specific war crimes and orders from the Kremlin.. And the crime of aggression concerns the leadership and "

Korynevych said that most international tribunals do not issue court verdicts in absentia, but the indictment and arrest warrant against senior officials can be accepted without their presence.. "

He explained that, unlike the Nuremberg trials, the death penalty is not applicable to Russian criminals.. They could face life imprisonment or up to 30 years.

“I think that we do not need to invent any new mechanisms, but use those that are in international law,” he said..

He added that even today the idea of \u200b\u200bcreating a tribunal has a “good level of political support”: four PACE resolutions, four resolutions of the European Parliament, two resolutions of the NATO Parliamentary Assembly, an OSCE PA resolution, resolutions and resolutions of the national parliaments of Ukraine, Lithuania, Estonia, the Czech Republic.

France.

“Also, many states, including European ones, support this process, although they have not made official decisions.. We know that the United States is studying this issue, and we will be glad to involve the States in the work,” he said..

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We will remind, earlier the Minister of Justice of Germany reported that The Hague may conduct an investigation against Putin due to the destruction of Ukrainian infrastructure.




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