Compensation to Ukrainians Who Suffered in the Result of the War Is No Less Important than Bringing the Guilty to Justice

There are a number of obstacles on the way to bringing the Russian Federation to justice for the crime of aggression against Ukraine. Current international legal instruments, such as the European Convention on Human Rights, do not provide for full accountability for the crimes committed by Russian troops on the territory of Ukraine. Given this, it is necessary to create a special tribunal.

This was stated by the President of the Supreme Court Vsevolod Kniaziev during a meeting of the Committee of Ministers of the Council of Europe. The event was devoted to ensuring coherence in accountability for the Russian aggression against Ukraine, establishing the ad hoc Special Tribunal for the crime of aggression against Ukraine and the Compensation Commission for Ukraine.

The issue of reparations and compensation for the suffering of the Ukrainian people, according to the SC President, is as important as the issue of bringing the guilty to justice. Therefore, cooperation with the Council of Europe, its expert support and assistance in the establishment of a compensation mechanism are extremely important for Ukraine.

"International law has been actively developing in recent years, and currently, given the vulnerable state of victims of war crimes, justice cannot be delayed, as it is during this war of aggression that the gaps in the regulation of responsibility for war crimes were discovered. We hope that all the achievements and findings within the framework of our cooperation with the Committee of Ministers of the Council of Europe will be successfully implemented and will contribute to the speedy and just punishment of those responsible from Russia for the crimes of aggression and war crimes committed against Ukraine", summed up Vsevolod Kniaziev.

According to the Permanent Representative of Ukraine to the Council of Europe Borys Tarasyuk, following the adoption of a resolution on the establishment of an ad hoc international tribunal by the Parliamentary Assembly of the Council of Europe in April this year, work on the integral concept of this institution and the creation of an effective compensation mechanism, as well as the implementation of these developments, has not stopped for a single moment.

Prosecutor General Andriy Kostin said that a special tribunal was necessary in order to bring the military and political leadership of the Russian Federation to justice in accordance with international law and human rights standards. He also expressed his hope for effective coordination of the work of the national pre-trial investigation bodies with the International Criminal Court and the special tribunal in the near future.

Anton Korynevych, Ambassador at Large of the Ministry of Foreign Affairs of Ukraine, spoke about the concept and prospects for the Special Tribunal for the crime of aggression against Ukraine. He said that the tribunal should be established on the basis of a multilateral treaty between states or an agreement with an international organization, and taking into account the approaches applied by the ICC and set out in the Rome Statute. The jurisdiction of the tribunal will extend to all events that have taken place since February 2014, and in terms of subjects - to persons who are able to exercise effective control over the political or military actions of the aggressor state.

Deputy Minister of Justice of Ukraine Iryna Mudra presented the concept of a compensation commission, which provides for the creation of a fund that accumulates confiscated or nationalized Russian assets, the introduction of a procedure for special enforcement of assets and the creation of a commission to consider applications for compensation.