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Honorable Members of the European Parliament,
Dear representatives of Bar Associations,
Ladies and gentlemen,
I am glad to be with you today in the European Parliament, an institution whose main mission is to pursue justice and happiness for all Europeans.
I appreciate you keeping accountability for Russian crimes at the top of the political agenda and pushing for much-needed decisions. I know you had a fruitful discussion in the Belgian Parliament yesterday, and I am glad we have the opportunity to take stock in this House today.
I believe we can all agree that justice is critical not only to putting an end to Russian aggression, but also to reducing the risk of future aggression against other nations.
One of the main reasons Putin continues to send thousands upon thousands of Russian soldiers through the meat grinder is his hope that a war of attrition or a frozen conflict will allow him to avoid responsibility for the crimes he has committed, most notably the crime of aggression. Putin wants others to talk to him, preferably through an endless new "Minsk" process, and beg him to show some goodwill. He hopes that by doing so, he and his accomplices will avoid prosecution for attacking Ukraine, stealing Ukrainian children, and committing all other war crimes, crimes against humanity, and genocide.
In short, he hopes that the need to talk to him will prevail over the need to punish him.
Russia is fighting for impunity. Ukraine is fighting for justice. This is one of the many things that makes us different from them. And it is up to all of us—ministers, world leaders, lawyers, experts, and people all over the world—to decide which side they are on. This is one of those rare black and white cases.
If we let Putin and his associates get away with their crimes, we will condemn our own children to living in a world full of wars and injustice. And this is one of the main reasons why we must put aside all political and legal differences in order to establish a fully functional Special Tribunal for the Crime of Aggression Against Ukraine.
We have already seen how quickly wars can erupt. We are already living in the reality of two simultaneous hot wars in Ukraine and Israel. If we allow Russia to avoid justice for its aggression against Ukraine, the world will be forced to deal with three, four, or five wars at the same time. Simply because there are far too many forces in the world who believe that brutal military force is the best way to achieve their goals. If they see that Russian aggression caused Moscow some trouble, sanctions, and isolation but ultimately paid off, nothing will stop them from repeating Russia’s actions in other parts of the world.
This is the first reason why punishing Putin and his accomplices in the crime of aggression against Ukraine is so critical. The crime has been committed. Nobody has any doubts about it. It should be punished.
The other reason is that justice must be served for the murdered Ukrainian soldiers and their families. Their children, spouses, and parents. We currently have mechanisms in place to prosecute the full range of atrocities committed against civilians. The ICC is equipped to prosecute war crimes, crimes against humanity, and genocide. Ukraine is actively working with the court to facilitate this critical work. We are grateful to the ICC for its outstanding efforts.
But we must never forget that Russia has never had the right to harm not only Ukrainian civilians but also Ukrainian military personnel. Ukraine has never attacked Russia. Russia was the one who attacked Ukraine. Russian bullets, bombs, drones, and missiles injure, maim, and kill Ukrainian soldiers on Ukrainian soil for no reason. What legal procedure will bring justice to the thousands of Ukrainian soldiers who have been killed by Russian invaders?
The truthful answer is also the Special Tribunal. We must overcome our differences and establish a fully functional Tribunal for the Crime of Aggression Against Ukraine. We must find the way. We, Europeans, owe it to the families of Ukrainian soldiers and civilians who should have been alive if Russia had not attacked Ukraine. We owe it to those in the EU whose security and prosperity is the ultimate purpose of this Union.
Without the crime of aggression against Ukraine, there would be no subsequent war crimes, crimes against humanity, or genocide. We must address the underlying cause, not just the symptoms. This is why the punishment for the crime of aggression against Ukraine is an inherent component of full and comprehensive accountability, which is one of the key pillars of President Zelenskyy's Peace Formula's Point 7, "Restoration of Justice."
I am confident that this distinguished audience is well aware of the legal impediments to punishing the crime of aggression against Ukraine. You are all aware that the only way to make it happen is to establish a fully operational ad hoc tribunal to fill the relevant gap in international criminal law. I am confident that the current case of Russian full-scale aggression against Ukraine has such historical significance that we can speak of the need to complete the legal process begun by the London 1942 declaration and the Nuremberg trials.
We must be brave and creative in order to find a solution for an effective and legitimate tribunal. We must find a solution to the issue of Troika immunities. If Putin, his prime minister and his foreign minister continue to enjoy immunity from justice, will we ever be able to say that justice has been served?
I am confident we can pull it off. We have come a long way since March 2022, when Ukraine first supported the idea of a special tribunal. We started with less than five countries believing in it. We then formed the Core Group, which now includes 40 states and representatives from the European Commission Services, the European External Action Service, and the Council of Europe.
This year, we also established the International Centre for the Prosecution of the Crime of Aggression Against Ukraine. The ICPA assists in the preparation of crimes of aggression cases by securing critical evidence and facilitating the case-building process at an early stage. The ICPA is the first post-World War II international effort to investigate the crime of aggression in the event of its actual perpetration.
I want to thank the European Parliament and its members in particular for their firm and principled stance on the issue. Its relevant resolutions this and last year laid a solid foundation for us to advance our work on the tribunal. It is critical to maintain this support for the future work of the Parliament and all other European Union institutions. I expect the European Parliament to remain actively involved in the matter during the next legislative term as well.
Professional bar associations also support our accountability efforts. I am especially grateful to the International Bar Association and the Ukrainian Bar Association for their resolutions in support of the Special Tribunal's establishment and other important activities. The IBA and UBA conferences in Brussels yesterday and today are a good example.
We have taken significant steps to ensure accountability since the start of Russia's full-scale war. But there is still work to be done, and we will do it together. The people of Ukraine demand justice; the entire world demands justice. And this demand is urgent, for without justice, there will be no peace. Not only in Ukraine, but in the world. On the contrary, a just peace in Ukraine will ensure decades of stable international peace and security. Let’s work together to this end.
Thank you for your attention.