Establishment of Special Tribunal to Prosecute Russia’s War in Ukraine

Introduction

On Wednesday, Ukrainian President Volodymyr Zelenskyy signed an agreement with the Council of Europe (CoE) to establish a special tribunal aimed at prosecuting individuals accused of orchestrating Russia’s war in Ukraine. This initiative aligns with the Sustainable Development Goals (SDGs), particularly SDG 16, which promotes peace, justice, and strong institutions.

Purpose and Urgency of the Tribunal

Ukraine emphasizes the urgent need for this tribunal to hold Russia’s leadership accountable for the full-scale invasion launched in February 2022. President Zelenskyy stated the importance of demonstrating that aggression leads to punishment, calling for a united European effort.

Tribunal Under the Aegis of Europe’s Top Rights Body

Context and Current Status

The tribunal’s creation comes amid stalled ceasefire negotiations between Ukraine and Russia. President Zelenskyy underscored that every war criminal, including those from Russia, must face justice. The CoE anticipates that the tribunal could commence its work as early as next year.

Next Steps and Logistical Details

• CoE Secretary General Alain Berset highlighted the need for an expanded agreement to allow the widest possible number of countries to join, support, and help manage the tribunal.
• Logistical aspects such as the tribunal’s location remain to be decided.

Complementing Existing International Justice Mechanisms

While the International Criminal Court (ICC) has issued arrest warrants for Russian officials, including President Vladimir Putin, it lacks jurisdiction over the crime of aggression. The proposed tribunal aims to fill this gap, extending beyond war crimes to address broader accountability, in line with SDG 16’s focus on justice.

European Support for Ukraine’s Legal Efforts

Council of Europe’s Role

This tribunal will be the first special tribunal established by the Strasbourg-based CoE, an organization dedicated to promoting human rights, democracy, and the rule of law. It is important to note that the CoE operates independently of the European Union.

Political Endorsements

• European foreign ministers endorsed the tribunal’s creation during a meeting in Lviv, western Ukraine, on May 9.
• German Foreign Minister Johann Wadephul emphasized that the war, which violates international law, must not go unpunished and that responsible individuals must be held accountable by a legitimate court.
• President Zelenskyy addressed the Parliamentary Assembly of the Council of Europe, calling for strong political and legal courage to ensure all Russian war criminals, including Putin, face justice.

Challenges Ahead

Despite these efforts, Russia’s policy of not extraditing its citizens presents uncertainty regarding whether President Putin will ever stand trial. This challenge highlights the ongoing need for international cooperation and adherence to SDG 16 to strengthen justice systems globally.

Conclusion

The establishment of the special tribunal represents a significant step toward upholding international law and promoting peace and justice in accordance with the Sustainable Development Goals. By addressing the jurisdictional limitations of existing institutions, this tribunal aims to ensure accountability for acts of aggression and contribute to global efforts to build peaceful and inclusive societies.

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 prosecute war crimes and aggression, directly relating to promoting peace, justice, and accountable institutions.
2. SDG 17: Partnerships for the Goals
   • The cooperation between Ukraine, the Council of Europe, and multiple countries to establish the tribunal highlights international partnerships to achieve justice and peace.

2. Specific Targets Under Those SDGs

1. SDG 16 Targets
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article discusses creating a tribunal to hold war criminals accountable, fulfilling this target.
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels. The establishment of a tribunal under the Council of Europe aims to strengthen justice institutions.
   • Target 16.7: Ensure responsive, inclusive, participatory and representative decision-making at all levels. The article mentions broad international support and cooperation in setting up the tribunal.
2. SDG 17 Targets
   • Target 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships. The tribunal’s establishment involves multiple countries and organizations working together.
   • Target 17.17: Encourage and promote effective public, public-private and civil society partnerships. The collaboration between Ukraine, the Council of Europe, and other countries reflects this target.

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. While not explicitly mentioned, the tribunal’s work would affect justice system metrics.
   • 16.6.2: Proportion of the population satisfied with their last experience of public services. The establishment of the tribunal could improve public trust in justice institutions.
   • 16.7.2: Proportion of population who believe decision-making is inclusive and responsive. The article’s emphasis on wide international support implies progress in inclusive governance.
2. Indicators for SDG 17
   • 17.16.1: Number of countries reporting progress in multi-stakeholder development effectiveness monitoring frameworks. The article’s mention of expanding agreements to include more countries implies monitoring partnerships.
   • 17.17.1: Amount of United States dollars committed to public-private and civil society partnerships. While financial figures are not given, the collaborative effort suggests resource mobilization.

4. Table: SDGs, Targets and Indicators

Source: dw.com