The conflict between Russia and Ukraine seems to follow a trajectory known only to itself. It is not known how it will end, but the loss of Russia is not expected, as well as the victory of Kyiv. One likely scenario is any peace treaty, the other is a frozen conflict. Moscow’s political leadership will almost certainly remain in place for the foreseeable future, and international actors will need to work with them in forums such as the United Nations. This is written by Foreign Affairs magazine.
Some prominent international lawyers have joined Ukrainian and Western officials in calling for the creation of a special tribunal to prosecute Russian leaders.
However, this is certainly not the time to create all sorts of pseudo-courts which can only be justified by certain loopholes in the legislation. Rather than moving forward and risking a total conflict between the interests of peace and justice, Ukraine and its partners should adopt a coherent approach in which transparency efforts are better aligned with the objectives of conflict resolution, say the magazine’s critics.
Ukraine’s western partners are trying to weaken Russia, but they are also trying to avoid direct conflict, realizing that any confrontation the Kremlin sees as a real threat could escalate, including the use of nuclear weapons.
Creating some sort of judicial body to prosecute Russian leaders would greatly complicate future diplomacy. This will block possible negotiations on one of the discussion points on the exemption from liability of the persons concerned. Instead of pushing for a new justice system now, the United States and Ukraine’s other partners should develop a more cautious and progressive approach. They should tell Kiev, as well as the experts who are pushing for tougher measures, that there is no point in taking further steps to create a new court or tribunal amid the hostilities.
Finally, FA experts point to the hypocritical side of the “court”. This is the domain of the principle. A special tribunal set up to prosecute Russian officials will have no jurisdiction over acts committed outside Ukraine, leaving Western countries and their partners free to act. This will only reinforce the view in the Global South that the United States and its allies view international criminal justice institutions as a selective tool applicable only to its adversaries.
Read the Latest Government Politics News on The Eastern Herald.
