US floats "hybrid" tribunal to prosecute russian war crimes, while Ukraine demands international tribunal
Photo: Word and Deed
The US State Department supported the creation of a so-called "hybrid tribunal" Ukraine had before called unacceptable to investigate the crime of russian aggression.
US State Department Global Criminal Justice Ambassador Beth Van Skaak stated on Monday, March 27, during a speech at a conference at the Catholic University of America in Washington, Voice of America reports.
The American diplomat noted that "many different models" of tribunals were under consideration, emphasizing that the US analyzed all the pros and cons. According to Skaak, the United States concluded that "the most effective way to ensure responsibility for crimes of aggression involves the creation of an internationalized court within the judicial system of Ukraine."
The ambassador for global criminal justice stressed that such efforts would include "subject jurisdiction over international crimes, the involvement of international personnel, possibly through the integration of professionals, judges, prosecutors, investigators, lawyers, or through the provision of expert assistance at the request of Ukraine."
Skaak noted that the tribunal could potentially be located somewhere in Europe, at least during wartime.
"This will further strengthen the European orientation of Ukraine, the international legitimacy of such an institution and will be of great importance, as well as contribute to the provision of assistance by strong states committed to investigating the crime of aggression," she said.
The ambassador added that such a court would not require a resolution of the UN General Assembly on creating a new independent international institution, which requires time and resources.
"Such a hybrid court will also demonstrate Ukraine's leadership in ensuring responsibility for the crime of aggression fully within the framework of the national legal system," she said.
Journalists asked the diplomat whether there is international consensus and support for creating a similar hybrid model of an international tribunal to investigate the crime of russian aggression. She replied that a final consensus was not reached yet.
"I don't think that a final consensus has yet been reached. There are two models under consideration: this model, the Ukrainian tribunal, which will have an international character and will have a lot of international support, and another option that the UN General Assembly can create.
"Ukraine's authorities are considering both options. A preference for a separate international institution was expressed. Still, there are fears that it may not be possible to gather the necessary votes in the General Assembly to create such an institution," she explained.
President Zelensky's office publicly declared the inadmissibility of creating a so-called "hybrid tribunal" as a tool for investigating the crime of russian aggression.
Experts argue that if the trial isn't international, it could be unable to prosecute the leaders most responsible for the commission of russia's crimes, immunizing high-level leaders. And prosecution by a hybrid tribunal within Ukraine's court system would also suffer from other defects due partly to Ukraine's constitutional law and other factors.
The European Commission confirmed that the "hybrid tribunal" against russia had not been removed from the discussion, despite Ukraine's disagreement.
