European Union Seriously Set Up Trial to Trial Russia's War Crimes in Ukraine

The discovery of mass graves in Izium, Ukraine. (Wikimedia Commons/armyinform.com.ua)

JAKARTA - The European Union (EU) ambassador to the United Nations (UN) said the 27-member bloc supports setting up an independent tribunal that would hold Russian President Vladimir Putin and his top officials accountable for the invasion of Ukraine, although experts believe it is a "risk political move".

In an interview with The National News, Olof Skoog said EU officials would meet in Brussels, Belgium later this week to discuss the proposed court, which would operate separately from the International Criminal Court (ICC).

"It's great that they (Russian leaders) know, that the prospect of indictment and punishment, you know, accountability, exists as a reality", Skoog said at UN headquarters in New York, as reported on December 12.

Ukraine had pushed for the creation of a tribunal similar to the Nuremberg trials after the Second World War when the Allies tried to defeat the Nazis.

Earlier, European Commission President Ursula von der Leyen last month said "Russia must pay for its terrible crimes", as she announced EU support for the tribunal.

While the ICC is already investigating war crimes in Ukraine, Skoog argued that it would be unable to prosecute the Kremlin leadership for gross violations of "crimes of aggression", because Russia has not ratified the Rome Statute, meaning its leaders have immunity from prosecution while in office.

"We might be able to fix that problem", Skoog said, noting the Ukraine proposal would "create a system where you can also cover the gaps that exist today in the international legal system."

The Swedish diplomat said the new court would need UN support to help give it "some legitimacy".

The UN General Assembly would be the only realistic avenue to back the tribunal, as Russia would inevitably use its Security Council veto to block any anti-Moscow action.

It is known that the draft Ukrainian resolution on this issue has been circulating at the UN headquarters.

Viewed by The National, the draft resolution "requests the Secretary-General to negotiate an agreement with the Government of Ukraine, to establish an independent international tribunal with jurisdiction over the crimes of aggression committed against Ukraine and to submit the agreement for review back to the General Assembly."

The Netherlands, where the ICC is headquartered, said it was willing to host the new trial.

Separately, Moscow has steadfastly rejected the idea of a war crimes tribunal, viewing it as illegitimate.

Russia has been accused of several war crimes, including the brief execution of civilians in Bucha and elsewhere. Ukrainian troops have also been accused of cruelty to Russian prisoners of war.

With Russia's war against Ukraine now in its tenth month, several EU countries have voiced their support for such a tribunal, and Ukrainian officials have lobbied to get more countries involved.

But significant resistance remains and the position of the US, which also falls outside the ICC's jurisdiction, remains so far unclear.

European partners, said Skoog, is considering various options and are scheduled to discuss the issue on December 14-15 in Brussels.

Meanwhile, Richard Gowan, UN director at the International Crisis Group said the idea of bringing a court to the General Assembly was "a politically risky move, even if it made moral and legal sense."

"Many countries that have supported Ukraine in the General Assembly until now will be concerned that this is a counterproductive move that could make talks with Russia about ending the war more difficult", Gowan said.

There's also a matter of precedent, says Gowan. The Ukraine draft resolution opens up political possibilities for others to exploit.

"The EU is happy to support this resolution. But what happens if a coalition of Arab countries in a few years steps up a court plan to challenge the US or Israel over future actions in the Middle East?" he asked.

"I don't think Western diplomats have thought about how this initiative could cause them problems five or 10 years from now", he said.