As the war between Russia and Ukraine, gives rise to disturbances all around the two countries, along with the deaths of tens of thousands of people, with several civilian deaths, it leads to several steps taken by Germany, in acting upon to prosecute the Russian officials, and stressing the need for the proper imposition of International Laws, during such devastating wars.
The Foreign minister of Germany, Annalena Baerbock, stressed the need for an international tribunal. On Monday, Baerbock called for an International Tribunal to prosecute the Russian officials associated with war crimes and the crime of aggression in the ongoing Russo-Ukrainian War. She also delivered strong remarks during a speech, which was titled “Strengthening International Law in times of crisis” at the Hague Academy of International Law”, Netherlands.
Baerbock, while making her case for the tribunal, pointed out the flaws and loopholes, which resulted in Russia’s escape from the jurisdiction of the International Criminal Court (ICC). Baerbock referred to the Amendments to the Rome Statute of the International Criminal Court:
Article 8 of the Statute, included the ‘Crime of Aggression.’ For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity, and scale, constitutes a manifest violation of the Charter of the United Nations.
Article 15 of the statute included the ‘Exercise of Jurisdiction over the crime of aggression.’
The Amendments to the Rome Statute of the International Criminal Court were also known as the ‘Kampala Amendments.’ These Amendments brought the crime of aggression in a conflict, within the ambits of the ICC’s jurisdiction, along with the crimes related to genocide, crimes against humanity, as well as war crimes. However, the ICC’s powers were limited to hear these cases by the Amendments. They are as follows:
First, the ICC cannot investigate a crime involving aggression in war on its own accord. The UN Security Council would have to refer such a case to the ICC. This provision would make it practically impossible to prosecute Russia. Since Russia is a permanent member of the Security Council, it can veto an ICC referral.
Second, the ICC cannot exercise its jurisdiction in crimes of aggression unless both parties are signatories of the Rome Statute. Article 15(5) of the Statute states: In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the crime of aggression when committed by that State’s nationals or on its territory.
Baerbock suggested a compromise in this case. She suggested prosecuting the Russian officials through a special tribunal that would follow the criminal laws of Ukraine, but they will include an ‘International Component.’ Baerbock’s suggestions also proposed the ideas of an international location for the tribunal, monetary support from various countries, and for the tribunal to comprise international prosecutors and judges for a fair procedure.
As a relief suggestion, Baerbock also proposed the idea of amending the Rome Statute to allow the ICC to investigate crimes of aggression where either of the states is a party. The main motive of the speech was to call for Russia to be held accountable for the ‘killing’ of Article 2(4) of the UN Charter, which constituted the purpose and principles of the UN Charter. Article 2(4) of the UN Charter:
Article 2 (4) of the Charter prohibits the threat or use of force and calls on all Members to respect the sovereignty, territorial integrity, and political independence of other States.
This called on the members to respect the ‘sovereignty, territorial integrity, and political independence’ of other states. Thus, these measures focused on maintaining the sovereignty of the states, as well as imparting the importance on International Courts of law to be a prominent need in such devastating circumstances of war crimes and crimes of aggression.
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