Ukraine allies support the creation of a special court to judge Putin, with legal limitations

A vast coalition of democratic nations approved the formation of a Special Court to judge the crime of aggression against Ukraine, a powerful symbolic gesture that marks Europe day and is expected to face formidable challenges to fulfill its mission.

The political approval, which consolidates more than two years of work behind the scene between legal consultants, was sealed on Friday afternoon during a visit of Ministers of Foreign Affairs to Lvvv, the largest city in western Ukraine.

The occasion gathered from almost 40 European and non -European countries, together with representatives of the EU institutions and the Council of Europe. Ukrainian Prime Minister Denys Shmyhal and Foreign Minister Andrii Sybiha attended the meeting.

The most flagrant absence was the United States, which were closely involved in discussions during the Biden administration, but changed direction with Donald Trump.

“Every centimeter of the Russian war has been documented. There is no place for doubts about the manifest violation of the United Nations Charter. It does not leave room for impunity. Russia’s aggression will not be unpunished,” Kaja Kallas said.

David Lammy, British Foreign Minister, said: “It is absolutely clear that when this war ends, those who have committed crimes in Russia will have to answer for their crimes of aggression and their crimes against humanity.”

The statute agreed by the coalition establishes a court built from the root with the task of investigating and judging a specific crime: the crime of aggression, defined as the preparation and execution of the large large -scale invasion of Ukraine.

Unlike war crimes, crimes against humanity and genocide, which apply to people who commit atrocities, The crime of aggression It is a crime of leadership that investigates people who are responsible for controlling the aggressor.

In practice, this covers the troika called SO, the president, the prime minister and the Minister of Foreign Affairs, as well as the high -patent military commanders who have supervised the attack on the sovereignty of Ukraine and territorial integrity.

Vladimir Putin, the brain behind the invasion and the main promoter of his revisionist narrative, immediately becomes the most wanted goal.

The Court will have the power to impose strong sanctions on the culprits, including life imprisonment “when justified by extreme gravity”, the confiscation of personal assets and monetary fines, explained an EU employee.

The product of confiscations and fines will be transferred to a new compensation fund for Ukrainian victims, an innovative element that helps create a connection “between criminal activity and the right to repair,” said the official.

After Friday’s approval, legal texts will be the subject of a formal vote on the Council of Europe, an organization for the defense of Human Rights based in Strasbourg, which will provide the institutional framework for the new legal entity.

The beginning of formal work is scheduled for 2026.

“This is more than a diplomatic milestone; it is a solemn promise for victims, history and future generations: that justice will be done and that sustainable peace will be built on the basis, responsibility and the rule of law,” said Michael McGrath, European commissioner of justice, which will also be transferred to the occasion.

ADVERTISING

Legal conditions

However, the Special Court will have to face significant obstacles before achieving the results.

Prosecutors may issue judgments to non -compliance, that is, without the physical presence of the accused in the Chamber, which will be represented by a lawyer.

But the most important thing is that the troika will remain immune as they keep in office, like Euronews previously reported. Once the Russian state has redesigned according to its own vision, it is unlikely that Putin leaves Kremlin in the short term.

The Public Prosecutor’s Office may still present an accusation against President Putin, Prime Minister Mikhailhustin and Minister Forevio Sergey Lavrov for the crime of aggression, but the Chamber will maintain the suspended process until any of the accused is dismissed.

ADVERTISING

“As soon as they leave the position, a complete trial will be possible,” said another EU official, speaking on condition of anonymity. “There is no impunity. Immunity is a temporary suspension of judgment while the person is in office. No less, or less.”

You can make a judgment to breach for those who, outside the troika, are covered by the crime of aggression, such as military and navy commanders. Those who are convicted in this way will be entitled to a new trial if they ever appear.

It is estimated that between 20 and 30 Russian employees are possible accused.

Among the probable objectives are Valery Gerasimov, head of personnel of the Russian Armed Forces; Sergey Kobylash, commander of the Russian Air Force; and Sergei Shoigu, former Minister of Defense and current secretary of the Security Council; All of them subject to capture orders issued by the International Criminal Court (ICC).

ADVERTISING

The Special Court is intended to fill the void left by the ICC, which has jurisdiction to judge the crime of aggression, but only when the infraction is committed by a state of the party. Russia is not a signatory to the Rome Statute. In addition, Russia can use your right to veto in the UN Security Council to block any international dispute.

Like the TPI, the new court must have its headquarters in The Hague, after the Dutch government has expressed interest in welcoming the body, which will be maintained with funds paid by all participating countries, the EU and the Council of Europe. The appointment of prosecutors and judges will be made by a panel of independent experts.

America does not appear

Although the Democratic coalition greeted Friday as an advance in a search for responsibility that lasts years, the absence of the United States exposed the growing gap between Washington and its traditional Western allies.

Since his return to the White House, Donald Trump has promoted a quick diplomatic approach to Putin, even publicly repeating Kremlin’s opinions. In a infamous moment, Trump attacked Zelenskyy as “dictator against the elections” and transferred the guilt of war to Ukraine, the country that was being invaded.

ADVERTISING

The approach was also found in the UN, where the United States combined Russia to oppose several critical resolutions. One of these resolutions highlighted the contribution of the Council of Europe to the creation of the Special Court on the crime of aggression.

“Suspending the participation of the United States in the process of creation of the court is one of a dozen important concessions that the new US administration has made to Putin,” Radosław Sikorski, Minister of Foreign Affairs of Poland, said Radosław Sikorski on the eve of the trip to Lviv.

“I have not seen a single concession of Putin and I hope that President Trump is as well known as a negotiator, to reach the right conclusion.”

In Brussels, employees still expect the White House to change their ideas and join the initiative, which will remain open to any country that wants to participate. It looks like Trump’s relationship with Zelenskyy They have improved From one Improved meeting In the Vatican last month, and the signing of a Long Mineral Agreement.

ADVERTISING

“My expectation is that the United States will end up adhered, because they have a very good cooperation history with the Council of Europe,” said the EU official.

“I have some reasons to believe that the United States will be useful in this process.”

The last time the crime of assault was taken to court was during Nuremberg’s trials, held after World War II, when the accusation was known as “crimes against peace.”