Special Tribunal May Bring Charges Against Russian Leadership - Details

On May 15, 37 states signed an expanded partial agreement establishing a steering committee for the Special Tribunal on the Crime of Aggression against Ukraine. One of the key outcomes of the negotiations was granting the tribunal’s prosecutor the authority to issue indictments against members of the Russian Federation’s highest leadership, including the head of state, the head of government, and the head of the foreign ministry.

“The Special Tribunal’s statute clearly stipulates that functional immunity is not permitted for any individuals. With regard to these three specific individuals—the head of state, the head of government, and the head of the foreign ministry—there is a temporary restriction on bringing them specifically to criminal liability,” Yurlov said. “However, and this is very important, the Special Tribunal’s prosecutor has the authority to indict them. And this is the most important achievement we were able to secure during the negotiations, since the initial position of some of our partners was that absolute immunity must be granted to the so-called “trio.”

In addition, Yurlov added, the fact that the tribunal is being established at a time when active hostilities are still ongoing only adds to its legitimacy—it cannot be perceived as the victors’ justice over the vanquished.

As a reminder, Yurlov noted that a group of investigators and prosecutors has been working in the Netherlands for three years, gathering evidence of Russia’s crime of aggression against Ukraine, and if the positive momentum continues, the Special Tribunal’s first indictment could be issued as early as next year.