Ukraine: Norway Supports the Establishment of a Special Tribunal

Norway supports the establishment of a special tribunal to prosecute Russians responsible for the attack on Ukraine.

"This is an important milestone in the work to hold Russia accountable for its war of aggression against Ukraine," says Foreign Minister Espen Barth Eide.

"Russia’s war has led to enormous destruction, millions displaced, and thousands killed and injured, including many civilians. Accountability is crucial to deter future crimes and can help bring justice to the victims of Russia’s illegal aggression," he adds.

On Friday, several countries marked the agreement to establish a special tribunal. Present were foreign ministers and representatives from the so-called core group of 37, including Ukraine’s Prime Minister Denys Sjmyhal, UK Foreign Secretary David Lammy, and the EU’s High Representative for Foreign Affairs and Security Policy, Kaja Kallas. State Secretary Maria Varteressian attended on behalf of Norway. The event took place in Lviv, and the special tribunal will be established through an agreement between Ukraine and the Council of Europe.

Because the International Criminal Court (ICC) does not have jurisdiction to prosecute the crime of aggression itself (the attack on Ukraine), it has been necessary to establish a special court.
The ICC is investigating war crimes and crimes against humanity committed in Ukraine and has issued arrest warrants for, among others, Russian President Putin. However, the ICC can only investigate crimes of aggression, such as Russia’s war of aggression against Ukraine, if both the aggressor and the victim state are states parties to the ICC. Russia is not.

Therefore, Norway has been part of a core group of countries discussing possibilities for prosecuting those responsible for Russia’s aggression against Ukraine. For Norway, it has been important that the tribunal is established in accordance with international law, has broad legitimacy, and complements the work of other courts, such as the ICC.

Following the ministerial meeting in Lviv, the tribunal is expected to be established through a series of formal processes within the Council of Europe.

"While Ukraine has expressed willingness for an unconditional ceasefire, Russia has yet to demonstrate genuine commitment to peace and negotiations. In recent weeks, we have witnessed several horrific attacks on civilians. In Lviv today, we reiterated the message that Ukraine needs all possible military, civilian, and political support to resist Russia’s war of aggression and reconstruct the country," says State Secretary Varteressian.

Fighting impunity for international crimes is a foreign policy priority for Norway. The Nansen Program – Norway’s military, civilian, and humanitarian support program for Ukraine – supports organizations working to identify, document, investigate, and prosecute possible war crimes. Norway also participates in efforts to establish a compensation mechanism to ensure restitution for victims of Russia’s acts of war.

Bilde av gruppe mennesker under markering i Ukraina
State Secretary Maria Varteressian, second from right, attended on behalf of Norway.