In a profound discussion about the evolution of international law, Anna Ogrenchuk, managing partner of LCF Law Group (Kyiv, Ukraine) and the ex-president of the Ukrainian Bar Association advocated for addressing jurisdictional gaps, especially in prosecuting the crime of aggression, a crime that exists but lacks a competent jurisdiction for prosecution.
She highlighted the Ukrainian Bar Association support for creating an International Tribunal to hold the top military and political leadership of the Russian Federation accountable for the crime of aggression. This initiative has garnered support from various international bodies, including the Parliamentary Assembly of the Council of Europe (PACE), the European Parliament, the OSCE, and NATO.
Discussing the practical steps towards the establishment of this tribunal, Ogrenchuk mentioned the involvement of international legal associations, politicians, and human rights defenders. She noted that the formation of such a tribunal could follow different models, including an agreement between Ukraine and the UN, a multilateral international agreement, or a hybrid court with both national and international elements.
Ogrenchuk also shed light on the practical steps taken towards this end, such as the establishment of the International Center for Collecting Evidence of Aggression in The Hague. She underlined the importance of this tribunal covering actions from the start of the armed conflict in 2014, without an end date, due to the ongoing nature of the conflict. The tribunal might also examine Belarus’ role in the aggression, considering its involvement in the conflict.
Concluding her remarks, Ogrenchuk expressed optimism about the prospects of this tribunal, emphasizing that its establishment would be a gradual process. She believes that such a tribunal would be instrumental in ending the decades-long impunity of Russia and its leaders, marking a significant milestone in international justice.
