As Russia marked Victory Day with a grand military parade on Red Square, European leaders gathered in Lviv on Friday, May 9th, to endorse the creation of a special tribunal aimed at prosecuting Russia’s top leadership for the war in Ukraine.
“This has to convey the message that there is no impunity for such grave violations of international law,” said one EU official. “The crime of aggression is the mother of all war crimes.”
According to the draft statute, the tribunal will be empowered to “investigate, prosecute, and try persons who bear the greatest responsibility for the crime of aggression against Ukraine.”
Enforcing the tribunal would be much harder in practice, as Russia will likely never accept jurisdiction over their officials and hold veto power in the UN. With the U.S. also staying away from the initiative, its future is doubtful.
Despite this, optimism persists among European diplomats. “I assume that sooner rather than later, the United States will join,” EU’s top diplomat Kaja Kallas said. German Foreign Minister Johann Wadephul confirmed he would “extend an invitation” to U.S. Secretary of State Marco Rubio to resume cooperation. No U.S. official attended Friday’s meeting in Lviv.
