Russia’s invasion of Ukraine in February 2022 was a clear violation of international law and a crime of aggression. However, the International Criminal Court (ICC), which has the authority to prosecute such crimes, cannot act against Russia because it is not a member of the court.
Therefore, the US and EU have proposed creating a special tribunal that would have jurisdiction over Russia and its leaders, including President Vladimir Putin, who is already wanted by the ICC for war crimes.
The US State Department spokesperson said on Tuesday that the US supported the idea of a special tribunal on the crime of aggression, which was first suggested by the EU in November and endorsed by the European Parliament in January. The spokesperson said that the court should have broad international backing, especially from European countries, and should be located in Europe.
The US ambassador-at-large for global criminal justice, Beth Van Schaack, said in a speech on Monday that the court should be based on Ukraine’s judicial system, but also include international elements, such as personnel and resources. She said that this would ensure accountability for the atrocities committed in Ukraine and deter further aggression by Russia.
This is the first time that the US, which has a tense relationship with the ICC, has openly supported a special tribunal on Ukraine. The US and EU hope that such a court would bring justice to the victims of Russia’s aggression and pressure Russia to end its occupation of Ukrainian territory.