Den Haag/The Hague, 12 December 2022
The Netherlands supports the establishment of a special tribunal to try those responsible for Russia’s crime of aggression against Ukraine. The Netherlands is well-disposed towards establishing it in The Hague, the international city of peace and justice.
‘The serious human rights violations and war crimes being committed in Ukraine cannot go unpunished,’ says foreign minister Wopke Hoekstra. ‘The Netherlands therefore believes that all options for prosecuting these crimes must be considered. The crime of aggression is a manifest violation of the UN Charter, which prohibits the use of force against the territorial integrity of another state. It is of the utmost importance that those responsible for the invasion of Ukraine be brought to justice.’
The International Criminal Court does not have jurisdiction over the crime of aggression in and against Ukraine. This concerns the planning and preparation of the Russian invasion of Ukraine. Despite the crime of aggression being a very serious international crime, there is therefore a real gap in this regard. It is important to close this gap in order to fight impunity.
A separate tribunal would make it possible to bring to justice those leaders responsible for the crime of aggression against Ukraine. It is of course important that there is broad political support for this, as well as financial support, and it should not detract from the work of the ICC. The ICC is the most important international court for the investigation, prosecution and adjudication of international crimes in Ukraine.
Source – the Dutch Foreign Ministry (via email)