For more than a year, Russia has been waging an aggressive war against Ukraine. There is no end to the fighting in sight – nor has the question of criminal prosecution of those responsible in Russia been resolved. Investigations into possible war crimes and human rights violations in Ukraine have been ongoing for some time.
The UN Human Rights Council set up a commission of inquiry almost a year ago. German Foreign Minister Annalena Baerbock (Greens) is expected to appeal on Monday to the UN Human Rights Council in Geneva to extend the investigation, which had been limited to a year.
The Commission of Inquiry is charged with investigating violations of human rights and international humanitarian law and securing evidence for trials. In a September interim report, UN investigators identified “numerous war crimes” in Ukraine. These were acts committed at the beginning of the Russian invasion in the Kiev, Chernihiv, Kharkiv and Sumy regions.
Ukraine and Germany are also investigating
The International Criminal Court (ICC) in The Hague is responsible for prosecuting war crimes. However, neither Russia nor Ukraine are contracting parties to the ICC. However, after the annexation of Crimea in 2014, Ukraine recognized the jurisdiction of the ICC for all crimes committed on its territory. Investigations are also underway in Ukraine itself and the federal prosecutor’s office in Germany has already started so-called structural investigations into possible Russian war crimes.
Hague criminal court powerless against Moscow
Ukraine and its allies also want to hold Russia responsible for the crime of aggression. This includes the planning, preparation and execution of the attack on Ukraine, such as the invasion, bombing and blockade of ports. In theory, the Hague Criminal Court has been able to act here since 2018. However, since Russia does not recognize the court, the ICC cannot take action against Moscow for the crime of aggression. While the UN Security Council could allow the court to conduct such an investigation, Russia could veto it.
Ukraine therefore demands a special tribunal for Russia’s “aggression”. Baerbock supports this and in mid-January proposed a tribunal based on Ukrainian law with international judges. For the time being, however, Kremlin boss Vladimir Putin could not be prosecuted due to immunity.
Obstacles at an international special court
Many countries therefore prefer an international special dish. However, the hurdles are high: either the UN Security Council must agree, where Russia has a veto, or there must be a two-thirds majority in the UN General Assembly.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
