The European Parliament Votes To Call For A Tribunal On Russia's Crime Of Aggression Against Ukraine - Trials & Appeals & Compensation - European Union

[Gunnar Larson]

https://www.mondaq.com/trials-amp-appeals-amp-compensation/1290118/the-european-parliament-votes-to-call-for-a-tribunal-on-russias-crime-of-aggression-against-ukraine


On 19 January 2023, the European Parliament adopted the resolution (the
"Resolution") on the establishment of a tribunal on the crime of aggression
against Ukraine (the "Tribunal").

According to the Resolution, the European Parliament, among others:

considers that the establishment of the Tribunal would complement the
investigative efforts of the International Criminal Court (the "ICC") and
its Prosecutor, as it would focus on alleged genocide, war crimes, and
crimes against humanity committed in Ukraine;
reiterates its full support for the ongoing investigation by the Prosecutor
of the ICC into the situation in Ukraine;
deems that the Tribunal must have jurisdiction to investigate not only
Vladimir Putin and the political and military leadership of the Russian
Federation, but also Aliaksandr Lukashenka and the political and military
leadership in Belarus, as an enabling state, from the territory of which
and with the logistic support of which the Russian Federation is committing
its war of aggression against Ukraine.
The European Parliament:

emphasised that the EU's preparatory work on the Tribunal should begin
without delay, focus on establishing the arrangements for the Tribunal in
cooperation with Ukraine and support Ukrainian and international
authorities in securing evidence to be used in the future Tribunal;
called for the EU institutions and the Member States to work in close
cooperation with Ukraine to seek and build political support in the UN
General Assembly and other international forums, including the Council of
Europe, the OSCE, and the G7, for creating the Tribunal;
called for the EU institutions, in particular the Commission and the
European External Action Service, to provide support in the meantime for
the establishment of an interim prosecutor's office;
supported the UN General Assembly recommendation as the first step towards
the establishment by UN Member States, in cooperation with Ukraine, of an
international register of damage to serve as a record for future
reparations for damage, loss, or injury to all natural and legal persons
concerned, and the long-term, widespread and severe damage to the natural
environment and the climate, as well as to the state of Ukraine, caused by
the internationally wrongful acts of the Russian Federation and its allies
in or against Ukraine, as well as to promote and coordinate evidence
gathering;
invited the EU and the Member States, as well as their partners and allies,
to engage in discussion on the legal possibility of using sovereign assets
of the Russian state as reparations for the violations of international law
by Russia in Ukraine, including potentially by denying such assets the
protections of sovereign immunity or limiting such protections owing to the
gross nature of these violations;
called for the active use of EU public diplomacy and strategic
communication in support of the creation of the Tribunal.
Thus, the international community is taking further steps in holding Russia
accountable for its brutal violation of international order and peace.
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