European ministers to discuss the creation of a special tribunal for Russian crimes

Justice ministers of the Council of Europe (CoE) are planning to discuss further steps to establish a special tribunal to investigate Russia’s international crimes in Ukraine at an international conference in Vilnius on September 5. The Lithuanian broadcaster LRT reported this, citing a statement from the country’s Ministry of Justice.

The high-level conference “Towards Accountability for International Crimes in Ukraine” is one of the key events within Lithuania’s chairmanship of the Committee of Ministers of the Council of Europe, according to the ministry.

During the conference, the ministers of justice of the Council of Europe will discuss the next steps to ensure criminal liability for Russia’s unprovoked aggression against Ukraine. 

It is planned to consider the problems and possible solutions related to ensuring uniform standards for national investigations, the quality of the evidence base, and the possibility of passing sentences in absentia to ensure effective justice.

The conference will also include the signing of the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy, and the Rule of Law.

The conference will be attended by CoE Secretary General Marija Pejčinović Burić, President of the Parliamentary Assembly of the Council of Europe Theodoros Theodoros Rouxopoulos, CoE Commissioner for Human Rights Michael O’Flaherty, European Commissioner for Justice Didier Reynders, other CoE representatives, ministers of justice of member states, and Ukrainian representatives.

The Lithuanian Ministry of Justice estimates that about 200 people will attend the event in total.

Discussions on a special tribunal for the crime of aggression have been ongoing since 2022, but there has been no practical progress on this issue for a long time.

The primary reason is that while key Western allies support the so-called hybrid format, which places the tribunal under Ukrainian law but with support from international partners, Ukraine is in favor of establishing an international tribunal (i.e., based on an international organization).

Intentionally directing an armed attack against civilians or civilian objects is a war crime, according to international law. “Intentionally directing an attack against civilians or civilian objects or intentionally launching an attack knowing it will cause disproportionate civilian harm is a war crime,” the UN OCHA stated commenting one of Russian attacks against civilians in Ukraine.

This week, in the night of September 4, Russian invasion forces attacked Ukraine with kamikaze drones and cruise and ballistic missiles, causing destruction and casualties in several cities. In Lviv, in the west of Ukraine, close to the Polish border, Russian missile attacks on the night of September 4 killed 7 people, including three children. About 40 people were injured. Two schools and residential buildings sustained significant damage.