"Hybrid tribunal": EU is inclined to try Putin in a "mixed" jurisdiction
For trial over Russian dictator Vladimir Putin and others responsible for crime of aggression against Ukraine, EU considers a "hybrid" tribunal format as a most realistic one.
This is reported by Deutsche Welle, informs Censor.NЕТ referring to LigaBusinessInform.
The publication, citing a senior EU official, reports that the G7 countries are inclined to believe that a "hybrid tribunal" could be the most realistic prospect for bringing to justice those responsible for the crime of aggression against Ukraine.
The source clarifies that experts consider an international tribunal based on Ukrainian jurisdiction to be an acceptable format. For this purpose, he notes, it is very important that Ukraine ratifies the Rome Statute.
After the European Commission endorsed the idea of creating a special court to prosecute the crime of Russian aggression at the end of 2022, experts considered two possible formats - a special independent international tribunal based on a multilateral treaty or a "hybrid court" based on a combination of national jurisdiction of a particular country (for example, Ukraine) and international law with the participation of judges from different countries.
Since the highest political and military leadership of the country is responsible for the crime of aggression, which in a normal situation enjoys international immunity, such a tribunal would need to lift this immunity.
Obviously, Russia will block such a decision in the UN Security Council. However, the resolution on lifting immunity can be considered and approved by the UN General Assembly, and on the basis of its decision, the prosecutor of the special court will be able to issue a verdict on the deprivation of immunity of the top leadership of the Russian Federation.
However, this may not be enough for a tribunal operating only under international jurisdiction, so experts believe that it is more realistic to create an international tribunal based on Ukraine's national jurisdiction, the publication explains.
At the same time, the Constitution of Ukraine prohibits the creation of special courts and obliges the court to make decisions "in the name of Ukraine." Thus, to launch a "hybrid tribunal" the Constitution would need to be amended, and this is impossible until martial law is lifted.
At the end of March, the US State Department announced its support for the idea of an international tribunal based on Ukraine's jurisdiction.
