Opinion: Its purpose is “to maintain international peace and security” but the UN has done nothing to hold Russia, or its president, responsible for the crime…
Prosecuting aggression is, therefore, not optional. Which isn’t to suggest it’s easy. There’s a simple reason the ICC failed to charge Putin with the crime of aggression: because it can’t., the law that created the court. Since neither Russia nor Ukraine are parties to the statute, the court is powerless to bring Russia to justice.
So we are left with finding other ways to hold Russia, and in particular Putin, responsible. And the Global Accountability Network — a group of legal scholars focused on “securing justice for victims of atrocity” — has proposed an alternative to the ICC., which was responsible for prosecuting crimes committed during the Sierra Leone civil war. In 2000, Sierra Leone asked the UN Security Council to create a special tribunal similar to those used for Rwanda and the former Yugoslavia.
The international community would therefore have to bypass the Security Council entirely and negotiate directly with the UN General Assembly. Fortunately, there’s a model for that, too: The Extraordinary Chambers in the Courts of Cambodia.
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