44 states in The Hague support creation of special tribunal and use of frozen Russian assets for Ukraine

Photo: Getty Images
Photo: Getty Images

The Political Declaration of the Ministerial Conference on Restoring Justice for Ukraine held in The Hague was signed by 44 states; it expresses support for the establishment of a special tribunal for the crime of aggression and initiatives to use frozen Russian assets for the benefit of Ukraine.

Source: European Pravda; portal of the Dutch government

Details: The outcome document has been signed by Albania, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, the Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Ukraine, the United Kingdom and the United States. In total, 57 countries took part in the conference.

In the declaration, the countries condemn Russia's aggression against Ukraine as a blatant violation of the international legal order and recall the UN court's decision of 16 March 2022, which ordered Russia to stop hostilities.

The countries call for increased joint efforts to ensure proper investigation and accountability for all violations of international law committed during Russia's war against Ukraine, including the crime of aggression.

The countries welcome the pledges made at the conference by various states to further support the investigations and acknowledge the role of all institutions already involved, including the International Criminal Court, which has issued an unprecedented arrest warrant for Vladimir Putin.

The declaration welcomes the 2023 establishment of the International Centre for Prosecution of the Crime of Aggression against Ukraine (ICPA) at Eurojust as a coordination platform involving Ukraine and the five states parties from the Joint Investigation Team (JIT), with the involvement of the United States and the Office of the Prosecutor of the International Criminal Court to support national investigations.

The countries reaffirm their intention to work towards the establishment of a special tribunal to bring Russia to justice for the crime of aggression against Ukraine, which would help to punish the highest military and political leadership of the Russian Federation, and "welcome the significant progress in this regard", calling on states and international organisations to help develop the legal framework and international support to complete this process. They also welcome the readiness of the Netherlands to host this special tribunal.

In the second section of the declaration, which is dedicated to compensation for damage caused to Ukraine, they welcome the launch of the Register of Damage, which will start accepting applications on 2 April.

The signatories reiterate that Russian sovereign assets in their jurisdictions will remain frozen until Russia stops its aggression against Ukraine and pays for the damage caused, and welcome discussions on the possibility of using the proceeds from these assets for the benefit of Ukraine.

Ukraine's Foreign Minister Dmytro Kuleba stated that while at the beginning of the full-scale war the idea of a special tribunal was received with scepticism, it is now supported by many countries and is reflected in the conference's final declaration.

Quote from Kuleba: "I am grateful to all countries that recognise the importance of results in this matter. I am convinced that by working together, we will be able to find all the necessary solutions to make the tribunal a reality. We need one more leap forward to complete this work."

Background:

Prior to the conference, Kuleba said that the issue of establishing a Special Tribunal for the Crime of Aggression is the only one in which no practical progress has been made, due to disputes over its concept.

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