The newly elected Labour government is aiming to accelerate global efforts to establish a tribunal capable of trying Russian officials for crimes of aggression in Ukraine, according to Lord Chancellor Shabana Mahmood. This initiative seeks to breathe new life into a process that has faced numerous hurdles over the past two years.
This initiative comes amid ongoing discussions in Vilnius this week, where UK and its allies seek to overcome legal challenges and ensure justice is served at a Council of Europe conference entitled “Towards accountability for international crimes in Ukraine,” a meeting that also saw the signing of the world’s first global AI treaty.
In a statement issued concerning the AI Treaty, the Justice Minister reiterated the UK’s commitment to supporting Ukraine and ensuring Russia is held accountable for its full-scale invasion. Discussions with other European Ministers focused on the progress of establishing a Special Tribunal for the Crime of Aggression to hold Russia accountable.
A significant obstacle has been selecting an appropriate body to host the tribunal. Furthermore, the United States has expressed concerns about setting a precedent that could strip leaders of immunity, potentially placing Western officials at risk of similar legal challenges, as noted by Anton Korynevych, Ambassador-at-large for Ukraine’s Ministry of Foreign Affairs, in an interview with JURIST.
The UK is a pivotal member of a coalition of 40 nations striving to devise a legal mechanism to hold Russian leaders, specifically President Vladimir Putin, Prime Minister Mikhail Mishustin, and Foreign Minister Sergey Lavrov, accountable for their actions.
Mahmood emphasized the necessity of urgent legal action, reflecting on the military and humanitarian crises in Ukraine. “We aim to invigorate the dialogue, recognizing that it has persisted for too lengthy a period,” Mahmood stated. “Careful yet swift deliberation is crucial to identify the optimal means for establishing the tribunal.”
These remarks were made ahead of the significant assembly of Council of Europe justice ministers in Vilnius. The meeting’s agenda includes discussing the framework for an international tribunal reminiscent of Nuremberg, aimed at securing widespread legitimacy. This marks the first occasion that Labour, while in government, has addressed putting Putin on trial for the Ukrainian invasion.
Mahmood also acknowledged the widespread support for the Council of Europe to spearhead the creation of the tribunal. “Every option remains under consideration with our new government, and we recognize the unyielding enthusiasm from Ukraine for a system of accountability,” she affirmed.
Notable supporters of the tribunal include human rights barrister Philippe Sands KC and former Prime Minister Gordon Brown, who argue the United Nations Security Council, hampered by a Russian veto, cannot facilitate the tribunal. Thus, the Council of Europe stands as the preferred alternative. This comes as the ICC Chief Prosecutor met with The Justice Secretary this week, stating in a conversation with the BBC’s Nick Robinson that Britain has regained its “moral compass” under Sir Kier Starmer’s leadership.
Currently, the International Criminal Court (ICC) cannot address the crime of aggression directly, as neither Russia nor Ukraine have fully ratified the Rome Statute. Although the ICC has issued warrants for Putin’s arrest concerning the forced relocation of Ukrainian children and for former Defense Minister Sergei Shoigu for attacks on Ukraine’s power grid, it cannot prosecute the top Russian leaders responsible for the February 2022 invasion.
Whilst in Vilnius, the Justice Secretary also met with her Polish counterpart Adam Bodnar to discuss justice reforms and bilateral cooperation in exchanging expertise on prison and probation reform.