Korynevych: All options for creating special tribunal to prosecute Russia imply participation of UN
The first way is the UN-Ukraine agreement based on the relevant resolution of the General Assembly, Anton Korynevych, Ambassador-at-Large of the Ministry of Foreign Affairs of Ukraine, told Ukrinform in an interview. "That is, the General Assembly recommends that the Secretariat and the Secretary-General should conclude a relevant agreement with Ukraine on the creation of a tribunal," the Ambassador explained.
The second way is a multilateral agreement between Ukraine and other states on the creation of tribunal. "The more countries will participate, the broader international recognition it will have," Korynevych noted.
The third way, according to the diplomat, is an agreement between Ukraine and a European regional organization — the European Union, the Council of Europe, or both.
"The participation of the UN is significant in any case. That is, even if it will not be a tribunal based on the UN-Ukraine agreement in the end, this judicial body should still have support from the General Assembly in the form of an appropriate resolution since the General Assembly’s support means legitimacy, authority, and international recognition at once," Korynevych said.
In any case, the involvement of the UN in this process is very important, he added.
The diplomat said that Ukraine and its partners are working on a draft resolution of the General Assembly, "which will determine the need to prosecute for all the most serious crimes committed in the territory of Ukraine and international crimes, and which will provide for all available mechanisms and tools for this — the activities of the Office of the Prosecutor of the International Criminal Court, the UN Independent International Commission of Inquiry on Ukraine, the UN Joint Investigation Team, international experts sent to Ukraine, as well as the activity of Ukrainian law enforcement officers."
At the same time, this document should contain provisions regarding the need to prosecute precisely for crimes of aggression, he stressed.
According to him, this could be the first important step taken by the UN — recognition of the expediency to create a tribunal mechanism to prosecute Russia for the crime of aggression against Ukraine.
And after that, depending on the chosen path, the international community will create the special tribunal itself.
"In any case, now we need a resolution on political support for the idea of prosecution for committing the crime of aggression," the diplomat said, noting that it is too early to talk about the specific dates of consideration of such a resolution in the UN General Assembly.
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