“We need a tribunal that can investigate and ultimately bring Russian leaders to justice,” Baerbock said in a speech at the Hague Academy of International Law in The Hague, which also houses the International Criminal Court.
The Ukrainian government is deeply concerned that Russia can never be convicted of the aggression by the International Criminal Court, as it is not itself a member. Additionally, it is a permanent member of the United Nations Security Council, so a referral from that Council to the International Criminal Court will be vetoed.
By Ukrainian law
“Together with Ukraine and our partners, we have discussed the establishment of such a court, which will focus on crimes of aggression against Ukraine,” Baerbock said. ‘Such a court can see the light of day from Ukrainian law. Also, we can add international elements; financial support from our partners and international prosecutors and judges to ensure full impartiality and legitimacy”.
Baerbock and Germany are not alone in calling for such a tribunal. Ukraine, the Netherlands, the European Union and the United Kingdom have all expressed their support for the idea. Russia, on the other hand, which continues to insist on conducting a “special military operation” in Ukraine, continues to fail to recognize the war crimes charges.
Baerbock also spoke today with Foreign Minister Wopke Hoekstra, as Europe reporter Geert-Jan Hahn knows. “That conversation was largely about Ukraine, and it would have been about Iran and Afghanistan as well,” he says. ‘I think Ukraine, in the broadest sense of the word, has had the biggest role. Especially in the context of the city of The Hague, which represents peace and justice. Then there will also be talks about arms deliveries and the Rammstein defense forum, which will be held on January 20 and will bring together all kinds of defense ministers who support Ukraine.”
United States
Hahn also thinks that Hoekstra and Prime Minister Rutte’s upcoming visit to the United States will be discussed. “The United States naturally wants the Netherlands, Germany and other European countries to do more for Ukraine,” Hahn continues. “And the United States supports the idea of European strategic autonomy and sovereignty.”
According to Hahn, the question is how this can be reconciled with some (inter)national treaties. ‘Think of the Inflation Reduction Act, think of US pressure on ASML not to supply chips to China, so yeah. I think it’s not only about Ukraine, but also about how we will position ourselves in relation to the United States.’