The Subcommittee on Human Rights of the European Parliament examines the possibility of establishing the Tribunal for the crime of aggression against Ukraine. to check all possibilities, a legal assessment has been prepared by Olivier Corten and Vaios Koutroulis, Université libre de Bruxelles.
The paper evaluates the innovative nature of the proposed tribunal and analyzes 3 key elements related to its creation and operation: legal foundation, immunity issues, and implementation and enforcement of decisions. In conclusion, the authors consider two possibilities taking into account the critical importance of legitimacy. The first option is to base the tribunal’s creation on Ukrainian domestic law and self-defence rights, enabling the prosecution of foreign nationals for aggression crimes with UN or other organization agreement. The second, more legitimate option is to expand existing legal mechanisms, particularly the „Uniting for Peace” resolution, due to the UN Security Council’s inability to act due to a permanent member veto (Russia). In either case, significant legality issues persist.
Subcommittee activities follow the resolution of the European Parliament adopted on 19 January 2023 demanding the Russian political and military leadership be held accountable for the crime of aggression against Ukraine.
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