The US State Department supported the creation of a “hybrid special tribunal” to investigate the crime of Russian aggression against Ukraine.
This was stated by Beth van Skaak, Ambassador for Global Criminal Justice of the State Department, reports RBC-Ukraine with reference to “Voice of America”.
“Now, at this critical moment in history, I can announce that we support the creation of a special tribunal to prosecute the crime of aggression against Ukraine. There were many different models that were considered. The US considered in detail all the pros and cons of each of them and came to the conclusion that the most effective way to ensure accountability for crimes of aggression involves creation of an internationalized court within the judicial system of Ukraine“, she said.
Van Skaak noted that this would include subject-matter jurisdiction over international crimes, the involvement of international personnel, possibly through the integration of professionals, judges, prosecutors, investigators, lawyers, or through the provision of expert assistance at Ukraine’s request.
According to her, efforts may also include international elements in how the court will support Ukraine and where it will be located.
“For example, it could potentially be somewhere in Europe, at least during the war, this will further strengthen the European orientation of Ukraine, the international legitimacy of such an institution and will be important for it, as well as contribute to the provision of assistance by strong states that are committed to the investigation of the crime of aggression,” – said the ambassador.
Van Skaak noted that such a court could foster wider international support. In addition, it will not require a resolution of the General Assembly on the creation of a new independent international institution, the establishment of which requires time and resources.
According to her, the US is ready to cooperate with Ukraine and other states, provide resources, exchange data with the tribunal to achieve comprehensive responsibility for international crimes.
At the same time, van Saak noted that it has not yet been possible to reach a consensus on the creation of a similar hybrid model of an international tribunal.
“There are two models under consideration: this model is the Ukrainian tribunal, which will have an international character and will have a lot of international support, and another option that can be created by the UN General Assembly. The authorities of Ukraine are considering both options. A preference for a more separate international institution was expressed, but there are fears that it may not be possible to gather the necessary votes in the General Assembly to create such an institution,” she added.
It should be noted that the head of the President’s Office, Andriy Yermak, opposed the creation of a “hybrid tribunal”, because it does not guarantee the removal of immunity from the Russian dictator Vladimir Putin, Foreign Minister Sergei Lavrov, and the Prime Minister of the Russian Federation, Mikhail Mishustin.
