The Bingham Centre for the Rule of Law has reported on an initiative to establish a special tribunal on the crime of aggression in relation to Ukraine to fill a legal gap.
And it said the idea continues to attract support from a wide range of legal experts, retired senior judges, and former world leaders.
It said the creation of such a tribunal would “enable the international rule of law to be upheld by filling the gap which currently exists in the machinery for ensuring that the crime of aggression on the territory of Ukraine does not go unpunished.”
The Bingham Centre, established 12 years ago to advance the rule of law worldwide, noted that on March 5 The Elders, an independent group of global leaders working together for peace, justice, and human rights, joined the call for such a tribunal.
The Russian attack on Ukraine has opened complex legal debate about the international rule of law, accountability, jurisdiction, and how to deal with it.
Ukraine brought charges of genocide by Russia to the International Court of Justice which is fast-tracking the case.
But Russia has denied the court’s jurisdiction, claiming use of force issues fall outside the scope of the Genocide Convention and justifying its use of force for self defence.
The chief prosecutor of the International Criminal Court has said he planned to investigate evidence of possible war crimes committed by Russian or Ukrainian forces in Ukraine.
In the UK, the Law Society of Scotland council has passed a resolution on the international rule of law condemning the “ongoing illegal invasion of Ukraine by Russian forces” while the UK Law Gazette has examined disturbing parallels between Russia’s position and the UK’s position on the jurisdiction of the European Court of Human Rights.
Bingham Centre on special criminal tribunal to deal with aggression
A criminal tribunal for aggression in Ukraine?
Global leaders call for special tribunal
International Court of Justice fast tracks genocide case
Russia response to genocide case – ICJ
European Journal of International Law analyses Russian argument re ICJ
Law Society of Scotland condemns “illegal invasion of Ukraine”
UK Law Gazette on Russian and UK positions on jurisdiction of the ECHR
International Criminal Court to investigate war crimes
Council of Europe Consultative Council of European Judges on the rule of law
Russia and the Council of Europe