Ireland considering joining Ukraine war tribunal
By Cillian Sherlock, Press Association
Ireland is considering supporting the establishment of an international tribunal to prosecute Russian political and military leaders for crimes of aggression against Ukraine.
At Cabinet on Tuesday, Minister Helen McEntee updated ministers on proposals to advance Irish support for international accountability mechanisms in response to Russia’s invasion of Ukraine.
This included “next steps” towards Ireland joining a tribunal on aggression against Ukraine, a Government spokesman said.
The Council of Europe is setting up a “special tribunal” to prosecute senior political and military leaders for the crime of aggression against Ukraine.
It will be financed by members of the Enlarged Partial Agreement.
McEntee also updated colleagues on progress towards ratifying the convention establishing the International Claims Commission for Ukraine, a proposed Council of Europe body which will assess compensation claims for damage, loss or injury caused by Russia in or against Ukraine.
The Council acknowledged there are clear obstacles to bringing Russian leaders to trial, including the immunity of sitting heads of State and Government as well as foreign ministers, and difficulties in obtaining physical custody over potential defendants.
However, it said “international law is evolving” and “personal immunity is not a ‘carte blanche’ for impunity”.
It said such figures could only be brought to trial before the special tribunal if they were no longer in power or their immunity had been waived.
It said investigations and the gathering of evidence as well as the preparation of indictments could still go ahead, with a legal body standing ready “prosecute and try the persons concerned if and when circumstances allow”.
The Council said Belarus or North Korean individuals could potentially be prosecuted if evidence shows they played a significant role in the crime of aggression against Ukraine.
15 judges, a prosecutor, and deputy prosecutor will need to be selected following proposals from participating states.
The Council of Europe said it is hoped that Special Tribunal “can soon be operational”.
