Establishment of Special Tribunal on Crime of Aggression Against Ukraine

Introduction

On June 25, Ukraine and the Council of Europe are scheduled to sign an agreement to establish a special tribunal dedicated to prosecuting the crime of aggression related to Russia’s full-scale invasion of Ukraine. This initiative aligns with the global commitment to justice and accountability under the framework of the Sustainable Development Goals (SDGs), particularly SDG 16: Peace, Justice, and Strong Institutions.

Purpose and Mandate of the Tribunal

The tribunal will focus specifically on acts related to the crime of aggression, including the planning and initiation of the war. It aims to hold senior Russian officials accountable for their decisions leading to the 2022 invasion of Ukraine.

• Jurisdiction over the crime of aggression
• Focus on high-level leadership and decision-makers
• Prosecution possible even if accused officials remain in office
• Collaboration with the International Criminal Court for enhanced coordination

Legal Framework and Accountability

According to Ukrainian Deputy Prime Minister Olha Stefanishyna, the tribunal’s legal framework ensures that functional immunity does not exempt high-ranking officials from prosecution. The statute includes provisions for conducting proceedings in the absence of the accused, reinforcing the principle of accountability under SDG 16.

Significance in the Context of Sustainable Development Goals

1. SDG 16 – Peace, Justice, and Strong Institutions: The tribunal embodies the commitment to promote peaceful and inclusive societies by ensuring justice for crimes of aggression and strengthening the rule of law at national and international levels.
2. SDG 5 – Gender Equality: The involvement of female leaders such as Deputy Prime Minister Olha Stefanishyna highlights the role of women in governance and justice.
3. SDG 17 – Partnerships for the Goals: The collaboration between Ukraine, the Council of Europe, and the International Criminal Court exemplifies global partnerships to achieve justice and accountability.

Addressing Gaps in International Justice

While existing international and national mechanisms address war crimes and crimes against humanity, this tribunal specifically targets leadership responsibility for the war itself. This fills a critical gap in international justice, reinforcing the global commitment to uphold human rights and international law.

Related Developments

• The European Parliament has condemned Russia’s forcible deportation and russification of Ukrainian children, labeling it a “genocidal strategy” aimed at erasing Ukrainian identity.
• Ongoing efforts to address war crimes and crimes against humanity continue through established legal frameworks.

Conclusion

The establishment of the special tribunal represents a significant step toward achieving SDG 16 by promoting justice and accountability for acts of aggression. It underscores the international community’s resolve to uphold peace and security, ensuring that those responsible for initiating conflict face legal consequences without exception.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article focuses on establishing a special tribunal to ensure legal accountability for the crime of aggression related to Russia’s invasion of Ukraine, directly relating to promoting peaceful and inclusive societies, access to justice, and building effective institutions.
2. SDG 10: Reduced Inequalities
   • The tribunal aims to hold high-level officials accountable regardless of their status, addressing issues of justice and equality before the law.
3. SDG 5: Gender Equality
   • While not explicitly mentioned, the involvement of female officials such as Deputy Prime Minister Olha Stefanishyna highlights gender representation in leadership roles related to justice and governance.

2. Specific Targets Under Those SDGs Identified

1. SDG 16 Targets:
   • 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • 16.6: Develop effective, accountable and transparent institutions at all levels.
   • 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels.
   • 16.4: By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime (implied through prosecution of war crimes and aggression).
2. SDG 10 Targets:
   • 10.3: Ensure equal opportunity and reduce inequalities of outcome, including through eliminating discriminatory laws, policies and practices.
3. SDG 5 Targets:
   • 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators for SDG 16:
   • 16.3.2: Unsentenced detainees as a proportion of overall prison population — implied by the tribunal’s role in legal accountability and prosecution.
   • 16.6.2: Proportion of population satisfied with their last experience of public services — indirectly relevant through the establishment of accountable institutions.
   • 16.4.1: Total value of inward and outward illicit financial flows (in current US dollars) — related to combating organized crime and illicit flows linked to war crimes.
   • 16.7.1: Proportions of positions in national and local institutions, including (a) the legislatures; (b) the public service; and (c) the judiciary, by sex, age and persons with disabilities — implied by the participation of officials in the tribunal process.
2. Indicators for SDG 10:
   • 10.3.1: Proportion of population reporting having personally felt discriminated against or harassed within the previous 12 months — indirectly relevant through the tribunal’s role in ensuring equality before the law.
3. Indicators for SDG 5:
   • 5.5.1: Proportion of seats held by women in national parliaments and local governments — implied by the presence of women leaders involved in the tribunal and justice processes.

4. Table of SDGs, Targets and Indicators

Source: united24media.com