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From the outset of the Russian invasion, it was immediately apparent that Ukraine was facing an aggressive war that intentionally violated both the principles and norms of international human rights and humanitarian law. Therefore, the entire progressive global community faced the question of the need to establish a special international tribunal to hold the perpetrators of this international crime accountable.
This was stated by the President of the Supreme Court, Stanislav Kravchenko, at the International Law Summer Academy organised by the Organisation for Security and Cooperation in Europe and the Supreme Court.
Having unleashed an aggressive war, Russia has occupied part of the territory of Ukraine, has resorted to brutal shelling of our country's settlements, has blown up the Kakhovka hydroelectric power station, and is threatening to commit a terrorist act at the Zaporizhzhia nuclear power station. All of these criminal acts must be evaluated in accordance with international law, which can be achieved through a special international tribunal.
The head of the Supreme Court said that the idea of establishing this tribunal is actively supported by 38 countries. Today, there is an ongoing discussion about the model of its formation and work is underway to develop international law, as international institutions now need to develop and effectively fulfil their role in creating a system of collective security.
The President of the Supreme Court also noted that more than 1,200 criminal proceedings related to aggression had already been transferred to national courts. Approximately 1,000 of them have already been examined by the courts of first instance, and in several cases the decisions have already been reviewed on appeal and in cassation, which makes it possible to ensure the development of consistent case law.
At the same time, Stanislav Kravchenko pointed out that the jurisdiction of the special international tribunal would apply only to the top political leadership of the aggressor country, while the rest of the criminal proceedings on war crimes would be entrusted to the national judicial system, which is ready for them.
The President of the Supreme Court thanked the OSCE for its stable and continuous contribution to the training of young Ukrainian lawyers and stressed that such events contribute to the establishment of a dialogue between generations and this is a guarantee of better and faster training of professional lawyers, which is becoming increasingly important today. In addition, Stanislav Kravchenko stressed that national legislation, in particular the Criminal Procedure Code of Ukraine of 2012, contains quotations from the judgments of the ECtHR and is in fact based on the established case law of this Court. It should therefore be understood that the rules of international law are an integral part of a lawyer's daily practice.