Putin in crosshairs as Ukraine pushes for prosecuting crime of aggression
Ukrainian officials are increasing their calls to establish a special tribunal to criminally prosecute Russian President Vladimir Putin and target the core group of advisers and military officials they say are responsible for carrying out the assault on their country.
But Kyiv has yet to settle on the best way forward, and that decision raises tricky legal questions of jurisdiction, as well as funding support and political will from Ukraine’s international partners.
The end goal is to hold Putin accountable for the crime of aggression for invading Ukraine.
The crime of aggression, which is described by Kyiv as the original sin, has only been prosecuted once, at the Nuremberg Trials in the aftermath of World War II.
Kyiv hopes to use a special tribunal to bolster other efforts to pursue justice for tens of thousands of alleged war crimes being documented and investigated, including allegations of genocide.
“The crime of aggression is the alpha and omega of the war,” Andriy Yermak, the head of the Office of the President of Ukraine, said in an address to the U.S. Institute of Peace earlier this month.
“To start a criminal and unprovoked war is to open the door to thousands of crimes committed during hostilities and in the occupied territory,” he added.
Anton Korynevych, the Ukrainian government’s point person on establishing such a tribunal, told The Hill in an interview that Kyiv is working to secure buy-in from the U.S. and European partners on establishing such a court — in whichever form it takes.
“We had conversations in capitals, in particular concerning the concrete models and options, we heard some feedback which options might be feasible, more efficient,” he said. “I do not want, still, to talk publicly about that.”
Two big issues are establishing a court of jurisdiction, and getting around Putin’s immunity from prosecution as head of state, known as “sovereign immunity.”
It’s unclear if Ukrainian officials will seek to only go after Putin and other high-ranking officials, or the Russian state as a whole.