Case Explained: Special Tribunal on Crime of Aggression against Ukraine to Close Legal Gaps | Ukraine news – Legal Perspective

An expert in international criminal law, the Executive Director of the International Bar Association (IBA) Mark Ellis stated that the Special Tribunal for the crime of aggression against Ukraine is an important step to close the gap in international law on the crime of aggression. He said this in an exclusive interview in The Hague.

Expert Commentary and Key Takeaways

“Yes, the Special Tribunal for the crime of aggression (STCA) is an important step in closing the gap in international law on the crime of aggression. Until now, there has been a persistent structural gap in international criminal justice. While the crime of aggression is recognized by international law, jurisdictional limitations have meant that no court in practice could hold high-ranking state officials to account for aggression arising from this conflict”

He also noted that the International Criminal Court (ICC) can investigate aggression crimes only when the aggressor state is a party to the Rome Statute or has adopted amendments on the crime of aggression.

“In particular, the jurisdictional structure of the International Criminal Court (ICC) limits its ability to hear cases of aggression. Thus, the creation of the Special Tribunal directly closes this well-known legal gap. And although the Special Tribunal is established solely as a response to Russia’s war against Ukraine, it also has broader significance. The Special Tribunal will reaffirm the prohibition of the UN Charter on the threat or use of force against the sovereignty of another state and send a clear signal that those who violate this sacred principle should be held accountable”

Answering the question of when, in his view, the Special Tribunal could begin working, he noted that for the tribunal to be fully functional, it would take about three years.

Implementation Stages and Financial Context

“The Special Tribunal for the crime of aggression (STCA) will be implemented in three stages: ‘0’ the preparatory team; ‘1’ the so-called ‘skeletal’ tribunal; and ‘2’ a full-fledged operational tribunal. Thus, the preparatory team begins work immediately, with 12–14 consultants located in Strasbourg, to start the initial phases of creating a full STCA. In my assessment, it will take about three years for the tribunal to be fully operational. It is important to note that the first stage ‘1’ will truly commence only after states provide financial and political support for the Special Tribunal through the Expanded Partial Agreement”

There was also mention of financial plans: EU funds are to be allocated to support the preparatory team, which is critically important for the successful establishment of the Special Tribunal for the crime of aggression (STCA).

“EU funding of 10 million euros will go to support the preparatory team, which is crucial for the successful establishment of the Special Tribunal for the crime of aggression (STCA)”

The text also underscores the importance of active preparation for the upcoming process and coordinated interaction among international bodies to ensure the proper functioning of the Special Tribunal.