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EU: Legal foundations laid in Europe to hold Russia account for Ukraine war
EU: Legal foundations laid in Europe to hold Russia account for Ukraine war
by Darryl Coote
Washington DC (UPI) Feb 5, 2025

Senior legal experts have laid the foundations to establish a special tribunal to hold Russia accountable for its war against Ukraine, according to officials, who said the move represented a major step toward securing justice for the victims of Russian President Vladimir Putin's war of aggression.

"When Russia chose to roll its tanks over Ukraine's border, breaking the U.N. Charter, it committed one of the gravest violations: the Crime of Aggression," European Commission President Ursula von der Leyen said Tuesday in a statement.

"Now, Justice is coming, Justice for Ukraine."

The European Commission explained the legal foundations were laid by experts within the commission, the European External Action Service, the Council of Europe, Ukraine and 37 states.

They have also set out the key elements of the core legal text called the Schuman draft Statute that will govern the Special Tribunal. Once operational, the tribunal will have the power to hold Russian political and military leaders, including Putin, to account for their crimes against Ukraine.

Kaja Kallas, high representative for foreign affairs and security policy at the European Commission, called the advancements at Tuesday's meeting "an important step" in the march toward justice.

"There is broad international support for this and a broad international commitment to accountability," she said. "Unpunished crimes only encourage new atrocities. This is a signal to the world that no one from Russia's leadership is untouchable."

Once the tribunal is operational, Ukrainian authorities will be able to refer it to ongoing investigations and prosecutions related to the war, as well as transmit relevant information and evidence gathered.

The European Union has been working to investigate alleged crimes committed by Russia in the war since it began on Feb. 24, 2022.

Following the discovery of atrocities in Bucha in March of that year and in other areas of Ukraine that were liberated following Russia's initial advancement, the European Commission pledged support to investigate and prosecute war crimes against humanity committed in the eastern European nation.

In 2023, a group of senior legal experts from around 40 states, working with Ukrainian authorities and the EU commission, was formed to establish the special tribunal. Tuesday's meeting was the 13th of this international Core Group.

Iryna Mudra, deputy head of the Office of the President and the Ukrainian delegation to the meeting, emphasized that this tribunal is not only about Ukraine but about global justice and is a message sent to the world.

"Launching this tribunal will demonstrate our commitment to peace and international law, ensuring that those responsible for the crime of aggression will be held accountable and justice will be restored," Mudra said in a statement.

The European Commission on Tuesday also adopted a recommendation to participate in negotiations to establish an International Claims Commission for Ukraine that will review, assess and decide eligible claims recorded in the Register of Damage and determine the amount of compensation in each case.

The Register of Damage was opened in April to function as a mechanism to provide compensation for Russia's aggression. Council of Europe Secretary General Alain Berset said the European Court of Human Rights, also known as the Strasbourg Court, is currently dealing with more than 4,000 such cases against Russia.

"Today, we have seen important progress, which will have a major impact on the people of Ukraine for generations to come," Berset said in a statement. "However, the hard work is only just beginning. We will not stop until Russia is held fully accountable and justice is done."

Next, the Special Tribunal will be established via agreement between Ukraine and the Council of Europe. Concerning the Claims Commission, the first round of negotiations on the international instrument will begin around the end of March.

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