Side-event on the margins of the International Law Week “Law Not War: A Special Tribunal for the Crime of Aggression”
Opening Statement by H.E. Mr. Rein Tammsaar, Permanent Representative of Estonia to the United Nations
25 October 2022, New York
Distinguished visiting Legal Advisers, Excellencies, Ladies and Gentlemen,
I have the honour to welcome you to our today’s event to discuss the establishment of a special tribunal for the crime of aggression in Ukraine on the recommendation of the UN General Assembly. Estonia is proud to co-organize this event together with Ukraine and Liechtenstein, co-sponsored by Costa Rica, Latvia and Lithuania.
Dear Colleagues,
Putin started a war of aggression 8 months ago with the aim to erase Ukraine, a sovereign state, from the map, and to exterminate Ukrainian nation. In pursuit of these imperial and colonial goals, Kremlin has also declared a mobilisation, made a decision to arrange so-called referendums and proclaimed a martial law on occupied territories. On top of this, a dirty campaign of nuclear blackmail has been launched in last days by Russia. Meanwhile, armed forces and mercenaries of the permanent member of the Security Council kill, rape, torture, illegally detain, forcefully displace Ukrainians and destroy their homes and civilian infrastructure.
Core principles of the UN Charter are blatantly violated. This was affirmed by the UN General Assembly on 12 October when a resolution was adopted with 143 votes on the territorial integrity of Ukraine to defend the principles of the UN Charter.
We will surely use all the means at our disposal to support Ukraine, and yet, the question we face here today is what can we do specifically when it comes to justice and accountability?
Ukraine is not alone in bringing the perpetrators of atrocity crimes to justice:
- Criminal proceedings have been initiated by several countries, including my own, by virtue of universal jurisdiction.
- International Investigation Team under the umbrella of Eurojust facilitates investigations and prosecutions in Ukraine.
- ICC has opened investigation on war crimes and crimes against humanity.
These are just a few examples of the rapid and meaningful steps that have already been taken towards accountability for international crimes committed in Ukraine.
Ladies and Gentlemen,
Unfortunately, there is no judicial body that has full jurisdiction over the crime of aggression in Ukraine. This jursidictional loophole needs to be filled. The agressor cannot go unpunished. Therefore, the time is ripe to take responsibility and as a next step move towards the establishment of a tribunal that would be complementary to the highly valued work of the ICC, that we will continue to fullheartedly support. This would be important for Ukraine, its people and all the victims of the Russian aggression. It is important to send a signal to all other potential aggressors that starting a war is going to be very costly and will be punished; a signal that justice will be assured and the international law will prevail. Always.
With this, I hand the floor back to the Moderator, Ambassador Chan Valverde. Thank you.
Full recording of the event is available here: https://media.un.org/en/asset/k1q/k1qyewjw26