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ARTICLE

Ukraine agrees to a “hybrid tribunal” for Russia, albeit with nuances
European Pravda, Ukrainska Pravda
Tuesday, 22 August 2023, 20:55
https://www.pravda.com.ua/eng/news/2023/08/22/7416667/

The Ukrainian government has acknowledged that it would not be able to secure support for its proposed tribunal format based on a UN General Assembly resolution and has instead agreed to a slightly modified form of what is known as a hybrid tribunal.

SOURCE: European Pravda

DETAILS:
During an international conference on the special tribunal in Kyiv, Andrii Smyrnov, Deputy Head of the Ukrainian President’s Office, explained that the Ukrainian approach “did not come to fruition” as several Western capitals, including Washington, fear that they themselves will face prosecution “under the Russian scenario”.

“The doctrine of international law is being held hostage by global politics, by geopolitics. And some of our partners fear this precedent will be used against them since they are also engaged in military campaigns abroad. And we need to be honest about this,” the official said.
Smyrnov said Kyiv no longer excludes the possibility of creating something called an internationalised tribunal, as the US has been insisting on, but provided that the Ukrainian judicial system does not become its basis.

“This [hybrid tribunal based on Ukrainian law - European Pravda] is an unacceptable model for Ukraine. However, establishing an internationalised tribunal does not necessarily mean setting up a tribunal within the Ukrainian legal system,” he stressed.

“Therefore, a compromise might be to introduce an internationalised tribunal as part of the judicial system of another country whose judicial system is credible,” the official said, adding that he was speaking “as a preview.”

European Pravda reports that a special tribunal for the crime of aggression will be established in The Hague and will operate under Dutch law. The Dutch government has given its preliminary consent to this.

The Hague is convenient because other international courts are operating there, as well as the Russian Crimes Register, gathering evidence of the aggression’s extent; they have experience in conducting a trial for an international crime, such as the MH17 case; and there is an acceptable definition of the crime of aggression in Dutch law.

BACKGROUND: Andrii Smyrnov, Deputy Head of the Presidential Office, believes that the format of a special tribunal for the crime of Russian aggression against Ukraine may be determined by the end of the year.

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