KYIV. UkrainegGate .7 .October .2022 | War News .
The establishment of a special tribunal will depend on the decision of the international community. However, if a judicial body is created, Putin will be remembered in history as an international criminal.
Citation
“This is the idea of a group of international lawyers, which was announced at the end of February this year. In particular, this group includes former British Prime Minister Gordon Brown, the famous lawyer Philip Sands and a number of others. Subsequently, it was supported by the wider community. This special tribunal provides for punishment in relation to the crime of aggression. For other crimes, such as war crimes, which will be proven to be crimes against humanity or genocide, they are covered by the International Criminal Court. But a special tribunal specifically on the crime of aggression, since Russia and Russian officials do not fall under the jurisdiction of the international criminal court in this case,” Gorodysky said.
Details
As for the prospects of its creation, the lawyer notes that if we rely on experience in other conflicts, such as in Uganda, Yugoslavia, Cambodia, Bosnia, special international bodies or hybrid bodies have been repeatedly created, that is, national bodies with an international element involved in investigating and punishing those responsible for crimes during an armed conflict.
“That is, there is a positive practice, however, its creation will depend, first of all, on the international community. All previous cases of tribunals were created in accordance with un security council resolutions or the UN General Assembly. In this case, it is clear that Russia will block through the UN all attempts to create such a judicial body. Here it is important to provide a political basis. Much depends on how effective Ukrainian diplomacy will be, both at the UN and beyond. If it can be persuaded effectively enough, and this idea will be supported by other states, then, undoubtedly, this body has a perspective,” Horodysky said.
According to the lawyer, there are currently two options for punishing the military and political leadership of Russia: full-time and part-time.
“The full-time option is to bring the perpetrators from Russia, as it was, for example, in Nuremberg. As of now, we are far from this option. Yes, there are many victories, but this option is not yet realistic. Therefore, it is important within the framework of the constituent agreements to provide for the possibility of absentee prosecution, in the absence of the accused and with the consideration of the case in absentia. The consequence of it may not be imprisonment, at least immediately, since it must be ensured. There may be, for example, confiscation of property that is located abroad. In addition, such individuals will be isolated, although this has already happened. That is, they will only be able to stay in Russia or those countries that will object to the decision. Many believe that the main consequence should be Putin’s imprisonment. Of course, this is a goal to strive for. But the key is that the decisions of this tribunal will be a marker that these people are recognized as criminals. Putin, Shoigu, Gerasimov, Patrols and others will be recognized as international criminals, and they will not wash away this stigma from themselves. History will remember them as international criminals. Therefore, from a moral and political point of view, even conviction in absentia is very important,” Horodysky said.
Recall
President of Ukraine Volodymyr Zelenskyy called for the creation of a special tribunal to bring to justice the political and military leadership of Russia.
Source: Ukrgate
