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Today, punishing those responsible for war crimes is an important task of the Ukrainian judiciary. According to statistics from the Prosecutor General's Office, as of 21 August 2023, more than 100,000 criminal proceedings for war crimes have been registered. Apparently, 99.9 per cent of them will be considered by national courts. The judiciary has been preparing for this since the start of the full-scale invasion, but for justice to be fully served, Ukraine needs the help of the international community.
This was emphasised by the President of the Supreme Court Stanislav Kravchenko at the international conference "Special tribunal for the crime of aggression against Ukraine. Justice to be served", dedicated to the establishment of a special international tribunal for the crime of aggression against Ukraine.
The Chief Justice said that in the first half of 2023, the dynamics of cases received by the courts and their consideration had almost reached pre-war levels. This shows that our society wants to live under the rule of law, despite the conditions of martial law. Despite the continuing Russian aggression, our citizens go to court to protect their rights and interests, do not resort to other methods of dispute resolution, as the aggressor country does, and follow the legal order.
Stanislav Kravchenko pointed out that from the first day of the full-scale invasion to the present day, Russia continues to commit the most serious forms of aggression throughout our country. By blowing up the Kakhovka hydroelectric power station, Russia has committed a crime of ecocide. The aggressor country is also resorting to nuclear blackmail, threatening a terrorist attack at the Zaporizhzhia nuclear power station. This undoubtedly affects the fate of the entire world. And if this is not properly assessed from the perspective of international law, the effectiveness of existing legal systems and international institutions will be called into question.
Therefore, according to the President of the Supreme Court, by working on the establishment of a special international tribunal, Ukraine and its partners are primarily protecting the rights and interests of the entire civilised world.
Stanislav Kravchenko also stressed that if criminal proceedings against the top political leadership of the Russian Federation are considered by national courts, the persons who made the decision to launch an aggressive war will be inaccessible to justice both in the course of the proceedings and in the execution of the court decision.
Bringing the aggressor country to justice is not only about punishment, but also about setting a precedent that, according to the President of the Supreme Court, should ensure that cases of aggressive war do not recur in the future.
Summing up his speech, Stanislav Kravchenko supported the creation of a special tribunal at the international level with the participation of the international community, as a hybrid or combined tribunal format is a complex process for our country in terms of its practical implementation. The President of the Supreme Court also expressed his gratitude to the Coordination Group, which includes representatives from 38 countries and is already actively developing a model for the establishment of the tribunal.
The event was organised by NGOs Tribunal (Ukraine) and Justice and Accountability for Ukraine (UK).