tribunal”mixedjudge the invasion of Ukraine and the leadership of Russia. The Biden administration has called for the creation of a special court to consider the aggression of the Kremlin, reports The New York Times . this “an internationalized national courtwill be composed of Ukrainian, but also international judges. It will be deeply rooted in the Ukrainian judicial system, but will include elements of international law. Thus, he could settle outside the territory of Ukraine, for example, in The Hague.
“We pledge to work with Ukraine and peace-loving countries around the world to promote, staff and fund such a tribunal to achieve global accountability for international crimes committed in Ukraine.At a press conference held at the Catholic University of Washington, Beth Van Schaack, State Department Ambassador for Global Criminal Justice, defended.
The Immunity Trap
However, this project has a significant drawback. Ukrainian law, like that of many countries, allows incumbent leaders to claim immunity. If Vladimir Putin is tried by this court, his lawyers may therefore very well assert this privilege. Then the legislator can decide to make an exception, he emphasizes New York Timesbut the defense of the Russian president could consider this exception illegitimate.
During her press conference, Beth Van Schaack further expressed her reluctance to set a precedent that could pave the way for a similar court to prosecute American leaders.
Many former diplomats and academics argue for the creation of a purely international judicial institution along the lines of the International Criminal Court in The Hague. The latter does not worry about the immunity of the current heads of state. Vladimir Putin’s lawyers will then have a harder time appealing this privilege given this precedent.
Proven model
The International Criminal Court, which earlier this month issued an arrest warrant for Vladimir Putin for illegally deporting Ukrainian children to Russia, does not have jurisdiction to prosecute the crime of “aggression.” A new jurisdiction must then be created from scratch.
However, the huge advantage of the “hybrid” model lies in the speed of its implementation, he emphasizes New York Times Yale Law School Professor Harold Hongju Koh, who was one of the best lawyers at the State Department during the Obama administration. The fact that it will be based on already existing Ukrainian legal services will significantly facilitate its effectiveness. In addition, this model has already worked for the trial of Khmer Rouge crimes in Cambodia, reminds the lawyer.
Source: Le Figaro
I am David Wyatt, a professional writer and journalist for Buna Times. I specialize in the world section of news coverage, where I bring to light stories and issues that affect us globally. As a graduate of Journalism, I have always had the passion to spread knowledge through writing.