Ukraine’s President Signs Ratification Document for Special Tribunal
Ukraine’s President Volodymyr Zelensky has signed a document today ratifying the establishment of a Special Tribunal aimed at holding accountable those responsible for the armed aggression against Ukraine, conducted in violation of the UN Charter. Reports 24brussels.
The Special Tribunal is expected to focus on the leadership trio of Russian officials: President Vladimir Putin, Prime Minister Mikhail Mishustin, and Foreign Minister Sergey Lavrov. Gunduz Mamedov, former Deputy Prosecutor General, elaborates that while the tribunal can investigate their actions, it is incapable of concluding proceedings while these officials maintain their positions. “The statute stipulates that processes will be paused until they vacate their respective statuses,” Mamedov explained, emphasizing, “this is one of the weakest aspects of the entire structure.” He noted that without a vacancy in the accused’s seat, a verdict cannot be reached.
Mamedov also pointed out that the question of investigations against the leadership trio, who possess immunity, has sparked debate among experts, with some citing violations under the UN Convention on Jurisdictional Immunities of States and their Property and the European Convention on State Immunity.
He referenced a crucial precedent set in the case of “Democratic Republic of the Congo v. Belgium” in 2002, wherein the International Court of Justice ruled that current foreign ministers enjoy complete immunity from criminal jurisdiction even in cases involving serious international crimes. This decision affirmed that such immunity serves as a procedural safeguard that does not eliminate personal responsibility but hinders judicial prosecution while in office.
However, it was noted that incumbent or former foreign ministers could still face criminal prosecution in certain international criminal courts should they fall under jurisdiction.
Despite these limitations, the tribunal will be able to provide legal assessments of other military-political leaders within Russia, especially among the over 30 members of the Security Council, and potentially including representatives from Belarus and North Korea. Mamedov underscored that ultimately, if the actions of Russia are deemed not to be a form of self-defense, as claimed by Russian propaganda, even functional immunities may not protect the leadership trio in the future.
