Episode 36: Dr. Anton Korynevych on the effort to create a Special Tribunal on Crimes of Aggression Against Ukraine.

Modern Law - Droit Moderne

As Russia’s full-scale invasion of Ukraine hits the two-year mark – 10 years since the invasion of the Crimean Peninsula – the situation is dire. The ground battle had become mostly deadlocked until Ukrainians retreated earlier this month from the town of Avdiivka. Support from Western democracies has been skittish of late. Republicans in the U.S. Congress have stalled sixty billion U.S. dollars' worth of defense aid for Ukraine. Still, there is some hope for the resistance: the unblocking of $ 54 billion in European Union aid; Sweden has announced it will give $682 million worth of military equipment. Canada is promising to donate $70 million worth of drones from already announced spending dating back to the summer.

The word we hear a lot these days is that the conflict in Ukraine is reaching an inflection point of sorts, though shifts in momentum are notoriously hard to read in times of war.

What hasn’t changed in all of this is that the invasion of Ukraine remains a war of aggression – in violation of the United Nations Charter and customary international law. It’s also an international crime under the Rome Statute. Over a fifth of Ukrainian territory is currently under occupation by Russian troops.

Arguably, it should be possible to prosecute a war of aggression committed by Russia's leadership before the ICC, as it should not be difficult to prove. 

But that isn’t the case. Although the ICC can charge individuals for war crimes, it doesn’t have jurisdiction over Russian crimes of aggression. Our guest today will discuss why that is and what a core group of members of the international community and Ukraine are trying to do about it.

Dr. Anton Korynevych is the Ambassador at Large of the Ministry of Foreign Affairs of Ukraine. He’s a lawyer specializing in public international law, international humanitarian, and international criminal law. He’s the Agent of Ukraine before the International Court of Justice, where he has been arguing the case that Russian President Vladimir Putin abused the U.N. Genocide Convention by using an alleged genocide in eastern Ukraine as a pretext for invasion). 

Dr. Korynevych is also in charge of gathering international support to establish a special tribune that could try Putin and his inner circle for the alleged crime of aggression — which no international court, including the International Criminal Court, has jurisdiction to do right now.

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