Distinguished Colleagues, Ladies and Gentlemen,
I have the honour to welcome you to our today’s event to discuss the issue of accountability, more precisely the crime of aggression – and our – the UN’s – collective response to it.
Dear Colleagues,
For the introduction let me make a few observations:
- Russia´s war of aggression against Ukraine has a very clear aim – to erase a sovereign state from the map and to exterminate the Ukrainians as a nation. We have seen all this in the past, when Estonia was occupied, many were killed, tens of thousands of people were forcefully deported to Siberia, russification was imposed on my nation etc. We have seen it and understand what does it mean.
- Russia has reached its limits on the battlefield in Ukraine, without being able to advance. With the winter´s arrival, Kremlin has decided to inflict more pain on civilians and to brake the will of Ukrainians by methodically destroying civilian infrastructure through airstrikes, shelling and bombardment.
- Several UN General Assembly resolutions, including the one adopted on 12 October, with 143 votes in favour, on the territorial integrity of Ukraine, has clearly confirmed that the aggression is taking place and that the world cannot accept it. International community stands united in defending the core principles of the UN Charter and therefore condemned Russia’s illegal annexation of parts of Ukraine.
- The crime of aggression is the “mother of all crimes” in international law, as it sets the scene for war crimes, crimes against humanity, and the crime of genocide. We must collectively ensure that there is full accountability for the Russia’s crimes in Ukraine. Instead of a theological debate whether we should help Putin save his face, we need to establish a special international tribunal for the crime of aggression, because aggression is unfolding as we speak, accompanied by unspeakable human suffering. Last week we heard several high level interlocutors from the EU supporting the idea of the tribunal. It is reassuring.
Here are 3 main reasons WHY we need an international special tribunal:
- Firstly – the ICC does not have jurisdiction over the crime of aggression committed in Ukraine because Russia has not ratified the Rome Statute and the relevant amendments. Meanwhile, any attempts to refer the issue to the ICC by the UN Security Council would be vetoed by Russia. We cannot allow the main mastermind behind the aggression and his henchmen to hide in a jurisdictional loophole.
- Secondly – the question of immunities. The crime of aggression is a leadership crime. We must bring to justice those whose decisions are behind all the horrific deeds of mercenaries and soldiers. Those who have, so to say, the original sin on them. Those who have committed the original crime – who gave the orders and designed the aggression. We need to ensure that the highest ranking masterminds and perpetrators can and will be prosecuted.
- Thirdly – a special tribunal would send a signal to all potential aggressors that starting a war will be costly and will not be tolerated; that justice will be assured and international law will always
To summarise, we strongly support the establishment of an international special tribunal that would be complementary to the highly valued investigation of the ICC, that we will continue to full-heartedly support.
The Russia’s unprovoked and brutal war of aggression against Ukraine has triggered issues of deep global concern that demand a collective global response. If we will not address this issue now, the global consequences of Russia’s aggression will be much worse. For everyone. The UN General Assembly, as the key pillar of multilateralism, has to be involved as the crimes committed are a grave violation of the principles of the UN and its Charter.
With this, I hand the floor to our Moderator. Thank you.
