93 MPs submit draft statement in support of establishing special tribunal

Estonian parliament. Photo: Eero Vabamägi

Member of the foreign affairs committee of the Estonian parliament Eerik-Niiles Kross on Wednesday submitted a draft statement for parliamentary proceedings on behalf of 93 MPs that calls for the establishment of a special international tribunal under the auspices of the UN.

The draft requests holding to account individually those involved in planning, preparation, launching and committing the crime of aggression against Ukraine and calls on establishing for this a special international tribunal under the auspices of the UN, Riigikogu spokespeople said.

MPs underline in the draft statement that the Russian Federation's war of aggression against Ukraine is the most outrageous act of aggression in Europe since World War II and requires an adequate legal response. In their opinion, a crime of aggression is the supreme international crime, which is the root cause of all other crimes committed in Ukraine and leads to the commission of further serious crimes, and the prosecution of the perpetrators of this crime is the obligation of the international community as a whole.

«It is the duty of the countries of the world to hold to account individually those involved in planning, preparing, initiating or committing the crime of aggression against Ukraine, in addition to perpetrators of genocide, crimes against humanity, and war crimes,» the draft statement states.

According to the statement, the crime of aggression by its essence is a crime committed by the leadership of a country. The Nuremberg Charter already formulated the principle that the leaders, organizers, instigators and accomplices of a war of aggression who participate in the formulation or execution of the war plan are responsible for all acts performed by any persons in execution of such plan.

«Without a trial of the perpetrators of the crime of aggression it will not be possible to achieve a just and lasting peace both in Ukraine and in the whole Europe,» the authors of the draft statement point out.

They believe that a special international tribunal for the crime of aggression has to be established under the auspices of the UN General Assembly to prosecute the crime of aggression committed by the leadership of the Russian Federation.

In the draft statement, the Riigikogu sets the establishment and launch of a special international tribunal for the crime of aggression against Ukraine as a priority in Estonia's foreign policy activities.

The Riigikogu calls on the government and the president to raise this issue at all meetings with the governments of other countries, in all international organizations where the Republic of Estonia is a member as well as at all international forums where the Republic of Estonia participates, and to strengthen the cooperation with the government of Ukraine in the investigation of the crime of aggression and in bringing criminals to justice.

«The Riigikogu calls on national governments and parliaments around the world, especially Estonia's allies, to actively support the establishment of a special international tribunal under the auspices of the UN General Assembly,» the draft statement says.

Since the beginning of last year, the Riigikogu has adopted six statements and one communication to condemn Russia's activities and to express support to Ukraine. Among other things, the Riigikogu has recognized the actions committed by the armed forces of the Russian Federation in the military aggression against Ukraine as an act of genocide against the Ukrainian nation, and has declared Russia a terrorist regime and the Russian Federation a state sponsor of terrorism, whose actions must be confronted together.

The Riigikogu has also supported the establishment of a center for investigating Russia's crime of aggression by the European Union in The Hague, called on the countries of the world to contribute in every way to the activities of the center, and to continue with efforts to set up a special international tribunal.

Most recently, on May 17 of this year, the Riigikogu passed a statement submitted by 95 MPs in support of Ukraine's wish to join NATO as the only way to ensure a rules-based world order, lasting peace and the security of the democratic countries of Europe.