Establish a special tribunal for Ukraine on Russia’s crime of aggression

On the first anniversary of Russia’s invasion of Ukraine, it is time to focus on accountability for that aggression. The best way — and frankly, the only effective way — to do so is to establish a United Nations-backed and -supported Special Tribunal for Ukraine on the Crime of Aggression. We have successfully done so in the past, in establishing the Special Court for Sierra Leone. The UN Secretary General was given the authority to enter into a bilateral agreement with the Republic of Sierra Leone to create that tribunal, and the same can happen now regarding Russia’s war in Ukraine.

There has been useful discussion in the past several months on how best to handle Russian President Vladimir Putin’s aggressive acts — potential domestic, regional and international approaches. This has helped to flesh out concerns, issues and perspectives but now we must stop the discussion and act. 

Time benefits Putin. He is banking on the international community not coming to agreement on a justice mechanism and, over time, choosing to do nothing or choosing a half-measure. We cannot let this happen. All the world’s dictators and tyrants are watching how the international community deals with Putin’s aggression against Ukraine. It is “all or nothing” — an international tribunal with a clear mandate to prosecute the crime of aggression by the Russian Federation.

Putin’s aggression is an affront against all members of the United Nations, not just Europe. A European regional court would be a half-measure, unable to send the all-important signal that the entire Western world condemns Russia’s aggression. Putin and other strongmen must understand that aggression is an attack on all of mankind and the West will not stand for such actions.

This is a time for the United Nations to lead boldly, to face this threat to international peace and security. Should it choose not to, the question would arise: Why have a United Nations? The war in Ukraine is the type of act for which the UN was established to prevent. The aggression by Nazi Germany in the late 1930s was one of the reasons for the organization’s 1945 charter. 

This is a year for action at many levels — to include defending the UN Charter, the rule of law, the concept of democracy, and justice for the citizens of Ukraine. The International Criminal Court (ICC) is the cornerstone for accountability for war crimes, crimes against humanity and genocide committed by Russian troops, and a Special Tribunal for Ukraine on the Crime of Aggression would complement to the ICC to ensure that Putin faces full accountability for his illegal acts. 

The United Nations must show that the rule of law is more powerful than the weapons of war.  Let’s take the steps now to establish a Special Tribunal for Ukraine on the Crime of Aggression, on the occasion of the first anniversary of Russia’s invasion.  This should go down in history as the year that the concept of the rule of law stood firm against tyranny, once and for all. 

David M. Crane is founder of the Global Accountability Network. He was the founding chief prosecutor of the U.N. Special Court for Sierra Leone, who investigated, indicted and tried former president Charles Taylor for international crimes.