\n Could Russian President Vladimir Putin one day stand in the dock in The Hague? The prospect seemed to move closer after Germany backed a special court for the invasion of Ukraine.\n<\/p>\n
\n German Foreign Minister Anna Baerbock called on Monday for a tribunal to get around the fact that the International Criminal Court (ICC) cannot prosecute Russia for the \"leadership\" crime of aggression.\n<\/p>\n
\n But there are major hurdles before any such court could even be created, let alone put Russian leaders on trial.\n<\/p>\n
\n - Why a special tribunal? -\n<\/p>\n
\n Germany's Baerbock said a special tribunal would fill a \"severe gap\" in international law.\n<\/p>\n
\n The Hague-based ICC launched an investigation in February into war crimes and crimes against humanity in Ukraine.\n<\/p>\n
\n It was able to do so because Kyiv accepted its jurisdiction, even though neither Russia nor Ukraine are members of the court, which was set up in 2002.\n<\/p>\n
\n But while changes to the ICC's governing Rome Statute gave it powers to prosecute aggression from 2018, it still cannot do so for non-member states.\n<\/p>\n
\n The only way it can is by a referral by the UN Security Council -- but Russia, with its permanent seat, would automatically veto that.\n<\/p>\n
\n - What's the German plan? -\n<\/p>\n
\n Baerbock proposed a \"new format\" of court based in The Hague, to be set up in the near future if possible.\n<\/p>\n
\n The court could \"derive its jurisdiction from Ukrainian criminal law\" but have international prosecutors and judges and foreign funding, she said.\n<\/p>\n
\n That would be different to tribunals under international law, such as those for the 1990s wars in the former Yugoslavia.\n<\/p>\n
\n And while tribunals for Cambodia and Kosovo have used local laws, they were not able to try aggression between one state and another.\n<\/p>\n
\n At the same time, Baerbock proposed changing the ICC's rules in the long term so that it can prosecute non-member states for aggression.\n<\/p>\n
\n - Who would it target? -\n<\/p>\n
\n A special tribunal would target Russia's civilian and military leadership for ordering and overseeing the invasion of Ukraine, Baerbock said.\n<\/p>\n
\n While the ICC could charge Russian soldiers and commanders on the ground, Baerbock said it was \"important that the Russian leadership cannot claim immunity.\"\n<\/p>\n
\n Aggression was the \"original crime that enabled all the other terrible crimes\".\n<\/p>\n
\n - What does the ICC think? -\n<\/p>\n
\n ICC prosecutor Karim Khan, who held talks with Baerbock on Monday, has opposed a special tribunal for Ukraine.\n<\/p>\n
\n He said in December he should not be \"set up to fail\" by the creation of a special tribunal and urged the international community to focus on supporting his own investigation.\n<\/p>\n
\n Baerbock said it was crucial to keep supporting the ICC and insisted that a tribunal would not undermine it.\n<\/p>\n
\n - What are the hurdles? -\n<\/p>\n
\n To exist in the first place the court needs international support -- and that could be hard.\n<\/p>\n
\n Much of the West seems to be on board, with European Commission president Ursula von der Leyen calling for a special court in December and the Netherlands offering to host it.\n<\/p>\n
\n But the rest of the world would likely be less keen.\n<\/p>\n
\n \"I hear those critics voicing concerns that such a path would show we care about a war because it happens in Europe, and I share that concern, so it's important that we talk to partners from other regions,\" Baerbock acknowledged.\n<\/p>\n
\n But the biggest problem could be bringing any suspects to justice.\n<\/p>\n
\n Russia has said any Ukraine tribunal would lack legitimacy, and would refuse to extradite suspects.\n<\/p>\n
\n Ukraine could extradite captured Russians but that would leave high-level figures unscathed.\n<\/p>\n
\n \"Unless there is a regime change in Russia, Putin and other very high-level leaders would have to leave Russia in order be subject to arrest,\" said Cecily Rose, assistant professor of public international law at Leiden University.<\/p>\n","protected":false},"excerpt":{"rendered":"
Could Russian President Vladimir Putin one day stand in the dock in The Hague? The prospect seemed to move closer after Germany backed a special court for the invasion of Ukraine. German Foreign Minister Anna Baerbock called on Monday for a tribunal to get around the fact that the International Criminal Court (ICC) cannot prosecute […]<\/p>\n","protected":false},"author":60,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[553],"tags":[],"ji_location":[],"class_list":["post-111275","post","type-post","status-publish","format-standard","hentry","category-live-feed"],"acf":[],"yoast_head":"\n