Myroslava Shcherbatiuk- Ambassador of Ukraine to Jordan

The war crimes and crimes against humanity committed during Russia's war of aggression against Ukraine are a stain on the conscience of the world. The town of Bucha, one of the most impacted Ukrainian towns, became the symbol of Russian crimes of unprecedented scale. The horrific mass atrocity crimes committed by the Russian military in Bucha during its temporary occupation and other towns and villages are the result of committing the "original sin", "mother of all crimes" - crime of aggression. If there hadn't been the crime of aggression committed by the Russian political and military leadership, there would have been no mass atrocity crimes committed on the territory of Ukraine.

The war crimes and crimes against humanity committed during Russia's war of aggression against Ukraine represent a flagrant violation of international law and the principles of the United Nations. The town of Bucha, which became the symbol of Russian crimes, revealed the horrific mass atrocity crimes committed by the Russian military during its temporary occupation. These crimes include the murder of civilians, torture, and other inhumane treatment, as well as the looting and destruction of property.

While Ukraine and other states are currently investigating these crimes, there is no international court or tribunal that has jurisdiction over the specific crime of aggression. This gap in the international legal framework is particularly problematic, as aggression is widely considered to be the most serious of international crimes. In fact, the International Military Tribunal in Nuremberg declared that "to initiate a war of aggression is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole."

Therefore, it is essential to establish a Special Tribunal for the Crime of Aggression against Ukraine. This Tribunal would have the jurisdiction to investigate and prosecute the crime of aggression committed by the Russian political and military leadership, which was the root cause of all the war crimes and crimes against humanity committed on the territory of Ukraine. The Special Tribunal would not duplicate the work of other institutions, such as the International Criminal Court, which is currently investigating war crimes and crimes against humanity committed in Ukraine. Instead, it would address the unique legal question of aggression, which is not currently within the jurisdiction of any international court or tribunal.

The establishment of the Special Tribunal for the Crime of Aggression against Ukraine would serve several important policy objectives.

First, it would help to ensure accountability for the most serious of international crimes. This is essential for the victims and their families, who deserve justice and redress for the harm they have suffered. It is also essential for the integrity of the international legal framework, which must be respected if it is to be effective in preventing and punishing international crimes.

Second, the establishment of the Special Tribunal would send a strong signal to other states that aggression will not be tolerated. This is particularly important given the current geopolitical climate, which has seen a rise in aggressive and unilateral actions by some states. By establishing a Special Tribunal for the Crime of Aggression against Ukraine, the international community would be sending a clear message that such actions will not go unpunished.

The world must come together and support the establishment of the Special Tribunal as an effective tool for ensuring accountability for the crime of aggression. It is time to put an end to impunity for the most serious international crimes and to ensure that those responsible for such crimes are held accountable. The people of Ukraine deserve justice and the world must do its part to ensure that justice is served.