Bringing the Russian military leadership to court still seems uncertain, Finnish expert Yelle estimates.
Russia will be held accountable for its war crimes in Ukraine. At least this is what western leaders have assured on several occasions.
However, Russia is not a member of the International Criminal Court (ICC), just like the United States and China are not. Therefore, the ICC cannot blame the Russian leadership for the attack on Ukraine.
The European Union has tried to solve this problem.
On Monday, the new International Center for the Prosecution of the Crime of Aggression against Ukraine (ICPA) started operating in The Hague.
“The center takes a central role in the investigation of the war of aggression launched by Russia and in the preparation of future trials”, the EU in the published bulletin let’s tell.
In practice, the purpose is to collect evidence of Russian war crimes. They can be used, for example, to support future legal proceedings. Prosecutors from EU countries, Ukraine, the United States and the ICC participate in the collection of evidence.
– The new international prosecution center plays an important role: its task is to ensure that the guilty, including those guilty of the crime of attack, are brought to justice. We will leave no stone unturned until Putin and his allies are held accountable for their actions, European Commission President Ursula von der Leyen said in the release.
State Prosecutor of Ukraine Andrij Kostin saw the creation of the center as a sign that the world has decided to hold Russia accountable for its war crimes.
– We have gathered here to witness a real historical moment. I would even say an epoch-defining moment, Kostin said at a press conference in The Hague.
Kostin also saw the day as a step towards the establishment of a special court to investigate Russian war crimes. The establishment of the court has been one of Ukraine’s most important demands.
The problems of international criminal law continue
Academician and Emeritus Professor of International Law Martti Koskenniemi does not believe that the center, which started functioning on Monday, will have any effect on the establishment of a special court.
– A new court is not discussed here yet. Mainly coordinating the collection of evidence. From the point of view of the prosecutors, this is important in terms of content, but not special from the point of view of world order, Koskenniemi tells .
The important thing is that the scattered collection of evidence is centralized and streamlined, the professor clarifies.
Koskenniemi reminds us that bringing the Russian military leadership to court has always seemed uncertain. International criminal law is fragmented and also haphazard.
– When it comes to a great power, the weaknesses of the system come to the fore.
According to Koskenniemi, national courts now play an important role. For example, in European countries war crimes, crimes against humanity and mass destruction have been criminalized as so-called universal crimes. Nowadays, also an act of attack.
However, Russians who have committed these crimes can only be arrested if they arrive in the country that has brought charges against them.
As long as the president of Russia Vladimir Putin and other Russians who have committed war crimes remain in their homeland or in countries friendly to Russia, they cannot be tried.
According to Koskenniemi, the most significant impact for persons who have committed war crimes is that they can no longer travel to countries where charges have been brought.
– The broader effort is to increase the pressure on Russia to end the war in Ukraine. I can’t answer that, whether it will be successful.