19:20 01.02.2024

Ukraine in favor of creating full-fledged intl tribunal to strip Russian president, PM, FM of immunity

3 min read

Deputy Head of the Office of the President of Ukraine Andriy Smyrnov speaks in favor of the creation of a Special International Tribunal through the voting procedure in the UN General Assembly or by signing an international treaty with the mandatory abolition of the immunities of the three Russian leaders – the president, prime minister and foreign minister.

This was discussed at a conference on the creation of the Special International Tribunal for the crime of aggression against Ukraine, which took place in London on Thursday, the press service of the president of Ukraine said.

"Many countries are now concerned that the hybrid model, which would essentially be a Ukrainian domestic court, cannot be implemented as it would delay and perhaps completely make impossible the prospect of bringing Putin, Lukashenko, Lavrov and other high-ranking officials to justice, since they will enjoy personal immunity before the internal hybrid tribunal," Smyrnov said.

According to the official, the creation of an international, rather than a hybrid, tribunal will be the best way to abolish the immunities.

"We call on lawyers and experts to consider how a future tribunal could overcome the immunity of the 'troika': the president, prime minister and foreign minister of Russia and try them for the crime of aggression against Ukraine. Given its global influence and historical leadership on human rights issues, the UK can play a vital role in further mobilizing international support for this proposal," he said.

Smyrnov recalled that the core group, which includes 40 countries, is negotiating the creation of the Special Tribunal to try Russia's top leaders for the crime of aggression. The Dutch government has offered to host such a tribunal. However, it still requires a decision based on which model it will be created.

According to the press service of the President of Ukraine, the conference on the Special International Tribunal for the crime of aggression against Ukraine took place in London on February 1. The speakers included Justice Minister of Ukraine Denys Maliuska, Prosecutor General of Ukraine Andriy Kostin, UK parliamentarians Alicia Kearns and Stephen Doty, Executive Director of the International Bar Association Mark Ellis, Member of the UN International Law Commission Dapo Akande, First Chief Prosecutor of the UN International Criminal Tribunals for the former Yugoslavia and Rwanda Richard Goldstone, former Chief Prosecutor of the Special Court for Sierra Leone David Crane, Director of Legal Advice and Public International Law of the Council of Europe Jörg Polakiewicz.

"As a result of the conference, the participants signed a joint communique sent to the UK leadership, in which they called for the creation of a tribunal through the voting procedure in the UN General Assembly or by signing an international treaty with the mandatory abolition of the immunities of the Troika. The draft communiqué also contains specific recommendations voiced at the conference regarding how to remove immunities from the 'troika' in line with international law," the presidential press service said.

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