Putin's cabal must be brought to trial for crimes in Ukraine. With this plan, the world can do that | Gordon Brown
Former UK prime minister Gordon Brown argues that a special tribunal, modeled after Nuremberg, should bring Russia’s leadership to justice for the 2022 invasion of Ukraine. The tribunal, backed by the Council of Europe and the EU, will target those who planned and executed the aggression, filling a…
In a bold move that echoes the trials of World War II, former British prime minister Gordon Brown has called for a special tribunal to prosecute the leaders behind Russia’s 2022 invasion of Ukraine. The tribunal, which would operate under the auspices of the Council of Europe and the European Union, aims to hold the Kremlin’s inner circle—generals, bureaucrats and senior officials—accountable for the crime of aggression and the accompanying war crimes.
Why a New Tribunal Is Needed
Russia is not a party to the Rome Statute that established the International Criminal Court (ICC), and its veto power on the UN Security Council blocks any referral of the Ukraine conflict to the ICC. This legal gap means that, while the ICC can prosecute war crimes and crimes against humanity, it cannot charge Russian leaders for the crime of aggression itself. A Nuremberg‑style tribunal therefore fills a critical void, ensuring that those who plan and execute large‑scale aggression cannot escape justice by virtue of diplomatic immunity or procedural loopholes.
Building on a Legacy of Accountability
The concept of a special tribunal dates back to the 1941 London Declaration, where a coalition of nations pledged that no safe haven would exist for those guilty of aggression. The proposed tribunal for Ukraine follows in that tradition, applying the same principles that held Nazi and Japanese leaders before the courts of Nuremberg and Tokyo.
Key figures already face international scrutiny. The ICC has issued arrest warrants for President Vladimir Putin, Russia’s commissioner for children’s rights Maria Lvova‑Belova, former defence minister Sergei Shoigu, and Chief of the General Staff Valery Gerasimov. These warrants target alleged unlawful deportations of children and the systematic destruction of civilian infrastructure. However, the ICC’s jurisdiction is limited; a dedicated tribunal would broaden the scope to include the crime of aggression and the full spectrum of war crimes.
What the Tribunal Will Cover
Under the proposed rules of procedure, the tribunal will investigate:
- Planning and execution of the invasion of Crimea in 2014 and the 2022 full‑scale war.
- Bombing of civilian targets, including schools, hospitals and utilities, which have caused the deaths of up to 100,000 Ukrainian soldiers and the injury of thousands of civilians.
- The systematic destruction of infrastructure worth an estimated half a trillion dollars.
- The alleged forced deportation of children from occupied territories.
Unlike the ICC, the tribunal can try individuals while they remain in office and even in absentia, ensuring that the Kremlin’s leadership cannot simply flee or remain insulated by diplomatic immunity.
International Support and the Road Ahead
The tribunal has garnered backing from a coalition of governments, Ukraine’s President Volodymyr Zelenskyy, and prominent international lawyers such as Philippe Sands. The European Union’s high representative for foreign affairs, Kaja Kallas, and Commissioner for democracy, Michael McGrath, have both emphasized that accountability is essential for durable peace. The Council of Europe, founded after World War II to promote rule of law and human rights, is spearheading the initiative, underscoring its commitment to a rules‑based international order.
While the tribunal’s establishment is a historic step, its success will hinge on the cooperation of international bodies and the enforcement of arrest warrants. The stakes are high: a failure could embolden other authoritarian regimes, whereas a successful prosecution would reinforce the principle that violations of international law carry real consequences.
As the world watches, the tribunal represents a concrete effort to translate principles into action, ensuring that the perpetrators of the Ukraine conflict face justice and that the international legal framework remains robust against future aggression.
What Happens Next?
The Council of Europe is currently finalising procedural rules and selecting judges and prosecutors. If the tribunal proceeds, it will begin hearings in the coming months, with the potential to set a precedent for how the international community addresses large‑scale aggression in the 21st century.
For now, the focus remains on gathering evidence, securing arrest warrants, and building a legal framework that can withstand political pressure and procedural challenges. The world’s attention will be on whether this tribunal can deliver on its promise to hold the Kremlin’s leaders accountable.
Why It Matters
Holding Russia’s leadership accountable is crucial for upholding international law, deterring future aggression, and restoring confidence in global governance.
Key Takeaways
- Russia’s leaders cannot be charged for aggression by the ICC due to legal and political constraints.
- A special tribunal, modeled after Nuremberg, will prosecute the crime of aggression and related war crimes.
- Key Russian officials already face ICC arrest warrants for war crimes and child deportations.
- The tribunal can try individuals in office and in absentia, ensuring no safe haven for perpetrators.
- International support from the EU, Council of Europe, and Ukraine underpins the initiative.
- Success would reinforce the rule of law and deter future large‑scale aggression.
FAQ
- What is the crime of aggression? It is the planning, initiation, or execution of an act of war that violates the UN Charter.
- Why can’t the ICC prosecute Russian leaders? Russia is not a party to the Rome Statute and can veto Security Council referrals.
- Will the tribunal try Putin himself? The tribunal can try any individual, including Putin, while in office or in absentia.
- What evidence will be used? Evidence will include satellite imagery, intercepted communications, and eyewitness testimony of civilian targeting.
- How does this affect international law? It reinforces that no state can act with impunity and strengthens the global legal framework.
Why it matters
The tribunal represents a decisive step toward ensuring that leaders who orchestrate large‑scale aggression are held accountable, reinforcing the rule of law and deterring future violations.
Key points
- Russia’s leaders cannot be charged for aggression by the ICC
- A Nuremberg‑style tribunal will prosecute the crime of aggression
- Key Russian officials already face ICC arrest warrants
- The tribunal can try individuals in office and in absentia
- International support from the EU, Council of Europe, and Ukraine
- Success would deter future large‑scale aggression
Frequently asked questions
What is the crime of aggression?
It is the planning, initiation, or execution of an act of war that violates the UN Charter.
Why can’t the ICC prosecute Russian leaders?
Russia is not a party to the Rome Statute and can veto Security Council referrals.
Will the tribunal try Putin himself?
The tribunal can try any individual, including Putin, while in office or in absentia.
What evidence will be used?
Evidence will include satellite imagery, intercepted communications, and eyewitness testimony of civilian targeting.
How does this affect international law?
It reinforces that no state can act with impunity and strengthens the global legal framework.
