Kostin: Discussion on creating a special tribunal for Russia is very active

The countries that are members of the Coordination Group have the energy to discuss the model of an international tribunal. The discussion is very active. One of the proposals that is currently on the table is to conclude an agreement with the Council of Europe that is the same in legal content as the one concluded on the register of losses. This will allow not only Council of Europe countries but also others to join the creation of this international mechanism. This was announced by Prosecutor General Andriy Kostin during a briefing, UNN reports .

The countries that are part of the coordination group have energy. This is very important, because there are many rumors that someone is tired, which is not true. The discussion is very active, and very active not only within the framework of the coordination group meeting that will take place in Vienna in mid-September. There is some communication that goes through diplomatic channels. That is, we are trying to find a common solution. The way it looks now, one of the proposals on the table is to conclude an agreement with the Council of Europe, an agreement of the same legal content as the one concluded on the register of losses. This will allow not only Council of Europe countries but also other countries to join the creation of this international mechanism,

The Prosecutor General said that they are currently discussing what the sequence of actions should be.

Now we are discussing what the sequence of actions should be, because our position is that we are in favor of an agreement being concluded. It is also about the political will of the countries that have already officially supported the idea of creating a special tribunal, realizing that the crime of aggression cannot go unpunished. That is, by supporting this political will, we should expect to join this agreement with the Council of Europe. Next, we will work on the tribunal's charter, which should regulate all procedures. Of course, the discussion on personal immunity is ongoing, and it is complicated. There is a certain discussion about the legal definition of the crime of aggression, not all countries support the definition contained in the Rome Statute, but this legal discussion is important, but it is more technical in nature,

That is, according to him, there is a movement.  

Our team is preparing for the next meetings of the coordination group very carefully. So we will see what the results will be after the meeting in September,

In addition, Kostin said that there is a parallel discussion on amendments to the Kampala Agreement of the Rome Statute, which expanded the jurisdiction of the International Criminal Court to investigate the crime of aggression.  

We all understand the difficulties of starting the procedure in accordance with the existing model of the Kampala Agreement, but given the discussion that is taking place at the expert level among the countries that are parties to the Rome Statute, it seems that it is probably necessary to change the model contained in the Kampala Agreement. There is an ongoing discussion about changing this model,

Addendum

The Committee of Ministers of the Council of Europe adopted an important decision regarding the special tribunal for the crime of aggression against Ukraine.

The then-Minister of Foreign Affairs of Ukraine welcomed the decision of the Committee of Ministers of the Council of Europe to prepare documents and a potential draft agreement between Ukraine and the Council of Europe on the actual establishment of a special tribunal for the crime of aggression against Ukraine.

In April 2024 it was reportedthat 44 countries supported the creation of a special tribunal for Russia.

European Commissioner for Justice Didier Reynders reportedthat the International Special Tribunal for the Prosecution of War Crimes could be established by the end of 2024.