EU eyes special court to try Russia for Ukraine war

(AFP) — European Union chief Ursula von der Leyen on Wednesday floated the idea of a “specialized court” to put Russia’s top officials on trial over the war in Ukraine.

On the ground, Russia said it had captured a few settlements in eastern Ukraine, eager for a win after a series of setbacks since invading its pro-Western neighbor in late February.

Von der Leyen suggested a specialized tribunal to prosecute Russian officials over the conflict that has killed thousands and displaced millions from their homes.

“While continuing to support the International Criminal Court, we are proposing to set up a specialized court backed by the United Nations to investigate and prosecute Russia’s crime of aggression,” she said.

The chief of staff to Ukraine’s President Volodymyr Zelenskyy welcomed the idea, saying: “Russia will pay for crimes and destruction.”

But the initiative faces formidable legal and political obstacles.

The main problem is that the International Criminal Court (ICC) does not have jurisdiction over Russia’s “crimes of aggression” — its invasion and war in Ukraine — because Moscow is not a signatory to the court’s treaty.

That tribunal can therefore only judge specific cases of war crimes and crimes against humanity perpetrated in Ukraine, but even then Russian President Vladimir Putin and his prime minister and foreign minister enjoy immunity from prosecution while in office.

The only way the ICC can be called in to judge Russia’s war is through a decision by the U.N. Security Council — something that is impossible because Russia, with its permanent seat on the council, would veto it.