Institute for War and Peace Reporting: Why a Special Tribunal is Crucial2022-10-04 | Political initiatives, International tribunal
By Dr Anton Korynevych, Anastasiia Mochulska. Regarding the crime of aggression, the perpetrators must be in a position to “effectively exercise control over or to direct the political or military action of a state”. Under Article 8 bis of the Rome Statute of the International Criminal Court (ICC) the crime of aggression consists of “the planning, preparation, initiation or execution by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of an aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations”.
This is why the establishment of the Special Tribunal for the Punishment of the Crime of Aggression against Ukraine is necessary. Currently, there is no international court that could try Russia’s top political and military leadership for these acts of aggression.
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