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A coalition of several human rights organizations urged the Council of Europe on Wednesday to publish a draft statute for the new Special Tribunal for the Crime of Aggression against Ukraine, endorsed by the Council’s Committee of Ministers this week.
The coalition of rights organizations include the International Federation for Human Rights (FIDH), Amnesty International, the International Commission of Jurists, amongst several others.
These rights organizations are concerned that this Tribunal will “become a remote and hollow entity that does not engage with the Ukrainian victims or give them access to proceedings,” as Oleksandra Matviichuk, FIDH Vice-President and Head of the Center for Civil Liberties, said. There is particular concern that unless a draft report is published, it cannot be guaranteed that the voices of the victims and survivors of the Ukraine war will be heard in the creation of the Tribunal.
Particular concerns were raised by the organizations over certain aspects of the Tribunal detailed in the explainer published by the Council of Europe’s Committee of Ministers. First, although the senior political and military leaders will be prosecuted in the Tribunal, “personal immunities” will be granted to the members of the Russian Federations’ Troika (the Head of State, Head of Government and Minister for Foreign Affairs). The explainer specifies that Troika members “could only be brought to trial before the Special Tribunal if they were no longer in power or their immunity had been waived.” Another issue raised by the international organizations is the possibility of holding trials in absentia. The organizations worry that this possibility will weaken the rule of law by preventing a fair trial from being held, and in turn reducing the credibility of international law.
Although six International Criminal Court (ICC) arrest warrants have been issued against Russian officials for war crimes and crimes against humanity, the ICC has been unable to try Russian officials for crimes of aggression, another crime under the Geneva convention. Ukraine formally requested that the Council of Europe establish a Special Tribunal for the Crime of Aggression, which would allow Russian officials to be tried for crimes of aggression. The agreement to create the Tribunal is expected to be signed by the Secretary General of the Council of Europe, pursuant to a decision adopted by the Committee of Ministers on Wednesday.
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The coalition of rights organizations include the International Federation for Human Rights (FIDH), Amnesty International, the International Commission of Jurists, amongst several others.
These rights organizations are concerned that this Tribunal will “become a remote and hollow entity that does not engage with the Ukrainian victims or give them access to proceedings,” as Oleksandra Matviichuk, FIDH Vice-President and Head of the Center for Civil Liberties, said. There is particular concern that unless a draft report is published, it cannot be guaranteed that the voices of the victims and survivors of the Ukraine war will be heard in the creation of the Tribunal.
Particular concerns were raised by the organizations over certain aspects of the Tribunal detailed in the explainer published by the Council of Europe’s Committee of Ministers. First, although the senior political and military leaders will be prosecuted in the Tribunal, “personal immunities” will be granted to the members of the Russian Federations’ Troika (the Head of State, Head of Government and Minister for Foreign Affairs). The explainer specifies that Troika members “could only be brought to trial before the Special Tribunal if they were no longer in power or their immunity had been waived.” Another issue raised by the international organizations is the possibility of holding trials in absentia. The organizations worry that this possibility will weaken the rule of law by preventing a fair trial from being held, and in turn reducing the credibility of international law.
Although six International Criminal Court (ICC) arrest warrants have been issued against Russian officials for war crimes and crimes against humanity, the ICC has been unable to try Russian officials for crimes of aggression, another crime under the Geneva convention. Ukraine formally requested that the Council of Europe establish a Special Tribunal for the Crime of Aggression, which would allow Russian officials to be tried for crimes of aggression. The agreement to create the Tribunal is expected to be signed by the Secretary General of the Council of Europe, pursuant to a decision adopted by the Committee of Ministers on Wednesday.
The post Rights groups urge Council of Europe to publish draft statute for Ukraine tribunal appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.