Dear ladies and gentlemen,

I am grateful to the organizers of this International Conference, in particular to Lithuania’s Ministry of Justice and the Law and Democracy Center Justice Hub.

80 years ago in London representatives of nine nations signed a declaration that paved the way for punishing those responsible for crimes against peace, crimes against humanity and war crimes perpetrated during World War II. This crucial document laid the foundation for international criminal justice tasked with reinforcing the prohibitions of genocide, crimes against humanity, war crimes, and the crime of aggression.

8 years ago Russia committed acts of aggression against Ukraine. President Putin violated the prohibition of the use of force against political independence and territorial integrity of another state, as well as the right of all peoples to freely determine their political status and freely pursue their economic, social and cultural development.

On February 24th, Russia launched a large-scale war of aggression against Ukraine. Putin has publicly set out his motives for this move. They boil down to him denying the right of Ukraine to exist as a nation and as a state, clearly indicating his genocidal intent. Over two and a half months the Russian army has committed numerous  crimes against humanity by indiscriminately attacking civilians, repeatedly violated international humanitarian law, and committed numerous war crimes. Massacres in Bucha, Irpin, Hostomel, Borodyanka, and the humanitarian disaster in Mariupol require a prompt legal response by the international community.

Russia’s war crimes and crimes against humanity are already being investigated by the International Criminal Court upon referral by 43 states and following Ukraine’s consent to ICC’s jurisdiction over all crimes committed during the armed conflict since 2014. Ukraine is strongly committed to cooperating with the Office of the Prosecutor to achieve justice.

If we look at the historic record of international criminal justice, there have been important achievements in addressing genocide, crimes against humanity and war crimes. But there has been limited progress with regards to the crime of aggression, or ‘crimes against peace’, as labeled during the Nuremberg Tribunal. Unlike other core international crimes, the International Criminal Court faces objective difficulties in gaining jurisdiction over the crime of aggression. Existing rules do not allow the court to address Putin’s aggressive war against Ukraine in the absence of Russa’s ratification of the Rome Statute and amendments thereto.

Ukraine is also seeking redress at other available international fora. In March, the International Court of Justice ordered Russia to immediately suspend military operations and ensure no furtherance of them. The European Court of Human Rights ordered Russia to refrain from military attacks against civilians and civilian objects.

Now the time has come to complete the architecture of international criminal justice initiated by the 1942 London Declaration. We need to fill the gap and establish a Special Tribunal with a specific jurisdiction over the Crime of Aggression against Ukraine. Ukraine has already endorsed the proposed Declaration and the Statement calling for its establishment. Hundreds of European and global intellectuals, as well as international lawyers have already signed and supported it. Global petition in support of the initiative has already received almost two million votes. Such broad global support demonstrates that the momentum to proceed is certainly there.

I want to make it clear: this effort is not meant to replace any of the existing international courts and tribunals dealing with various aspects of Russia’s aggression and other violations of international law. But none of them would ever arise without the ‘mother of international crimes’, the crime of aggression. The establishment of the Special Tribunal will pave the way to address this crucial deficiency.

The idea is fully supported by President Zelensky, the Government of Ukraine, Ukrainian lawyers and civil society. There is a growing understanding around the globe that Russia’s current war of aggression is the largest one in Europe since 1945 and thus the response to it shall be appropriate. The establishment of the Tribunal has already begun to find support in international organizations. For instance, in recent resolutions of the Parliamentary Assembly of the Council of Europe.

We are aware of relevant legal issues we may face while establishing such a Tribunal, but I am confident that the legal society supported by the will of the countries will be able to overcome them. I am confident that we shouldn’t lose time and proceed with the implementation of the idea without delay. It is our duty before all people who have suffered from the Russian aggression since 2014 in Crimea and Donbas, as well as before those who continue to suffer all over Ukraine now.

Furthermore, creating such a Tribunal will prove that international law is a living organism able to respond not only to theoretical questions but also to immediate issues.

I strongly believe that this Conference can  give a significant impetus to the creation of the Special Tribunal for the Punishment of the Crime of Aggression against Ukraine. I wish all participants a fruitful discussion leading to concrete actions.

I thank you.