Baltics call for special tribunal to try Russian leadership for ‘crime of aggression’

Foreign ministers of Estonia, Latvia and Lithuania on Sunday (16 October) issued a joint statement calling on the EU to support Ukraine in creating a special tribunal for the future trial of Russia’s leadership.

The ministers refer to the deliberate targeting of civilian homes, schools and playgrounds, and civilian infrastructures across Ukraine.

“As Russia’s brutal assault against Ukraine continues, the EU must act to ensure that seeking justice and accountability for Russia’s horrific crimes in Ukraine is at the centre of our policy,” the letter states.

They note that “currently, there is no international court or tribunal that could bring Russia’s top political and military leadership to account for committing the crime of aggression against Ukraine.”

While the International Criminal Court (ICC) will prosecute individuals for war crimes, genocide and crimes against humanity, the main responsibility of a special tribunal would be to try the ‘crime of aggression’, ministers said in their statement.

“The Special Tribunal for the Punishment of the Crime of Aggression against Ukraine has to be established to fill this jurisdictional loophole. The EU, together with our partners, must be at the centre of this effort,” they write.

Ministers also called for continued support for investigations conducted by Ukraine, several other states, and the International Criminal Court “since it plays a key role in collecting evidential materials, identifying and punishing those responsible for the war crimes, genocide and crimes against humanity committed in Ukraine”.

“The key masterminds, instigators and facilitators of this murderous aggression cannot escape justice simply because of the gap in the international criminal jurisdiction,” they conclude.

Collecting evidence

Several Western leaders have described the Russian strikes as a war crime.

Romania meanwhile said it had joined an international investigation team probing war crimes along with Lithuania, Poland, Ukraine, Estonia, Latvia and Slovakia, along with Eurojust and the ICC.

The ICC opened its own investigation into the war in Ukraine shortly after Russia invaded but has said Ukraine must bring suspects to justice where possible.

Last week, ICC chief prosecutor Karim Khan said Ukraine could extradite Russian war crimes suspects to the International Criminal Court even though Moscow is not a member.

Khan would not say when the ICC expects to file its own first charges, saying he would wait until the “evidence is sufficient.”

Kyiv has already convicted ten people over crimes committed during Russia’s invasion and indicted a total of 186, mostly in absentia, and filed court papers for 45 more.

Ukraine planned to file war crimes charges over Russia’s bombardment of Kyiv and other cities last week, Ukraine’s Prosecutor General Andriy Kostin said.

[Edited by Alice Taylor]