Comment by the Russian Permanent Mission to the EU on the resolution regarding “the establishment of a tribunal on the crime of aggression against Ukraine” adopted by the European Parliament

Submitted on Thu, 01/19/2023 - 19:40

Brussels continues inventing its own rules, in disregard of universally recognised norms of international law. On 19 January 2023, the European Parliament adopted a resolution establishing a so-called "tribunal on the crime of aggression against Ukraine". We would remind MEPs that neither the EU nor its Member States are competent to set up an international court to prosecute the leaders of third countries who enjoy immunity under international law. Such competence lies solely with the UN Security Council, which has primary responsibility for the maintenance of international peace and security. EU attempts to establish an international tribunal bypassing the UN Security Council are doomed to failure. Brussels is well aware thereof, albeit diligently silent.

The absurd concept conceived by the MEPs suggests that the so-called "special tribunal" would complement the efforts of the International Criminal Court (ICC) to investigate crimes committed in Ukraine. Yet, this idea lacks any legal basis either. Russia does not recognise the jurisdiction of the ICC, as it has never been a party to its statute. One is surprised at the hypocrisy of those Member States that, unwilling to recognise the competence of the ICC over the crime of aggression, have so enthusiastically joined the chorus of voices advocating a trial against Russia.

Clearly, the initiatives put forward by the European Parliament, and the European Commission, are completely illegitimate. Still, this would not at all hinder the EU in its attempts to increase pressure on our country.