Jun 26 — Ukraine’s President Volodymyr Zelenskyy and the Secretary General of the Council of Europe, Alain Berset, have signed an agreement on the establishment of a Special Tribunal that will allow to prosecute Russian senior political and military leaders for the crime of aggression against Ukraine, including in absentia. 

“This historic signature reminds us that international law must apply to all — with no exceptions, and with no double standards,” said Berset, adding that, without accountability, there can be no lasting peace for Ukraine and Europe as a whole. 

The tribunal will not be able to prosecute the Russian “troika” who have diplomatic immunity — Russia’s President, Prime Minister, and Minister of Foreign Affairs — while they are in power. 

International Criminal Criminal (ICC) will investigate Russian war crimes — it has already released arrest warrants for Vladimir Putin and Maria Lvova-Belova for the forced deportation of Ukrainian children to Russia — as well as crimes against humanity and genocide in Ukraine.

The Special Tribunal will fill what the ICC’s jurisdiction currently lacks: investigation of cases for crime of aggression. 

It’s currently unknown what countries will participate in enforcing the special tribunal — because, the COE writes, “they may be weighing how to balance their legal commitments, political alliances and broader foreign policy goals.” 

The participant list will be made public once member-states will ratify legal documents for establishing and functioning ofthe special tribunal. 

Earlier, Gwara wrote about the challenges of establishing this tribunal, including Vladimir Putin’s and the rest of the “troika”’s immunity.  

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