Meeting under the Lithuanian Presidency of the Committee of Ministers, the Ministers of Justice of Council of Europe member and observer states have adopted a declaration outlining a series of principles to address critical justice and accountability issues related to Russia’s aggression against Ukraine.
The Ministers reaffirmed the need to set up an effective special tribunal for the crime of aggression against Ukraine, capable of delivering justice by holding accountable those who bear the greatest responsibility. They welcomed the contributions of the Council of Europe and the European Union to consultations within the Core Group, where the establishment of the tribunal under the auspices of the Council has emerged as a realistic option. In this context, states and international organisations are encouraged to actively support and contribute to the consultations within the Core Group.
The establishment of a special tribunal should respect international law and be based on the principles and rights enshrined in the European Convention on Human Rights and the case law of the European Court of Human Rights. The Special Tribunal should enjoy broad cross-regional support to guarantee its legitimacy, says the declaration.
While underlining the importance of respecting fair trial guarantees and the indisputable advantages of in-person trials, the Ministers also acknowledged that, under certain conditions and where the applicable law so permits, certain procedural steps in absentia in the prosecution of international crimes may serve the interests of justice.
The Ministers also welcomed the establishment of the Register of Damage caused by the Aggression of the Russian Federation against Ukraine.
Moreover, the Ministers commended the process of Ukraine’s ratification of the Rome Statute of the International Criminal Court as an important step forward for international justice and strongly supported the ICC investigation aimed at bringing to justice perpetrators of core international crimes within its jurisdiction.
The Ministers also encouraged further ratifications of relevant Council of Europe treaties such as the Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters, the European Convention on Extradition and its Protocols, as well as other international instruments. These Council of Europe Conventions add value by being open to third countries, fostering broader international cooperation.
Finally, there is also a need for enhanced cooperation among states, international organisations, and civil society to effectively collect and share evidence and other information, in order to prosecute perpetrators of international crimes committed in Ukraine and enforce judgments.
