December, 15 | Special Tribunal on the Crime of Aggression against Ukraine: where are we now?

Co-organizers: Ukrainian Bar Association (UBA), Global Accountability Network (GAN), International Section of the New York State Bar Association (NYSBA International), Robert H. Jackson Center.

Format: online (ZOOM)

Date and time: Thursday, 15 December 2022, 15.00 (EET)/14.00 (CET)/8.00 (ECT)

Languages: English/Ukrainian (with simultaneous interpretation)

December 24th, 2022 marks 10 months since the commencement of the full-fledged war of the Russian Federation against Ukraine. As war crimes, crimes against humanity, and likely genocide are mounting, Ukrainian society and legal practitioners continue advocating for the establishment of the Special Tribunal on the Crime of Aggression against Ukraine. This Tribunal is to complement the existing international judicial institutions and address the cornerstone of international crimes – the crime of aggression, or crime against peace.

Together with decision-makers, leading experts in international law, and legal practitioners, we would like to reflect on where we are now with the establishment of the Tribunal, which obstacles remain before us, and how we address them.  

We invite you to join our discussion and share your thoughts.   

The agenda

Moderator: Inna Liniova, CEO of the Ukrainian Bar Association

Opening:

  • Prof. Azish Filabi, Chair of NYSBA International, the American College Maguire Center for Ethics in Financial Services, King of Prussia, PA, and New York, NY
  • Kristan McMahon, President of the Robert H. Jackson Center in Jamestown, NY
  • Denys Maslov, Head of the Legal Policy Committee of the Parliament of Ukraine
  • Ciarán Cuffe, Member of the European Parliament (recorded address)

Speakers:

  • Anton Korynevych, Ambassador-at-Large of the Ministry of Foreign Affairs of Ukraine, Agent of Ukraine before the International Court of Justice 
  • Oleksandr Kachura, Ukrainian MP 
  • Dr. Irina Paliashvili, President of Ukrainian Legal Group, Chair of the Legal Committee of U.S.-Ukraine Business Council, Member of the IBA's SPPI Advisory Board
  • Professor David M. Crane, former Chief Prosecutor for the Special Court for Sierra Leone, Founder of the Global Accountability Network
  • Ambassador Hans Corell, Former Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations
  • Ambassador David J. Scheffer, International Francqui Professor, KU Leuven, Belgium (Spring 2022), Professor of Practice, Arizona State University, Senior Fellow, Council on Foreign Relations
  • Hon. Professor Irwin Cotler,  International Chair of the Raoul Wallenberg Centre for Human Rights, an Emeritus Professor of Law at McGill University, former Minister of Justice and Attorney General of Canada and long-time Member of Parliament, and an international human rights lawyer
  • Prof. Jennifer Trahan, Clinical Professor at NYU’s Center for Global Affairs and Director of their Concentration in International Law and Human Rights
  • Dr. Paul R. Williams, Co-founder of the Public International Law and Policy Group (PILPG)

Questions to be discussed:

  • What is the current state of affairs with the establishment of the Special Tribunal?
  • Has there been any tangible progress with the establishment of the Tribunal at the international level since February 2022?
  • What is the role of the inter-factional union at the Ukrainian Parliament called “Tribunal for Russian Aggressors”? Does parliamentary diplomacy work and what are its main results, if any?
  • The question of the Tribunal resurfaced with new force a week ago after the European Commission President Ursula von der Leyen proposed to set up a specialized court on Russian aggression. Do we know which countries do and do not support the Tribunal and why? 
  • What would be the ideal model for the Tribunal? 
  • What are major issues in the establishment of the Tribunal? How do we overcome them?
  • The UN is being viewed as an ideal platform for the establishment of the Tribunal. Has there been any evolution of UN support for Ukraine? 
  • What is the possible role and the limits of the UN General Assembly with respect of the Tribunal?
  • Can the tribunal be realistically established based on the CoE or EU? What would be pros and cons of such a model?
  • What would happen to the legal notion of the crime of aggression if the Tribunal is not established?
  • What can legal communities worldwide do to support the Tribunal?

If you have questions for the speakers, leave them in the registration form. You will be able to hear the answers during the event.

Participation in the event is free, subject to prior registration.

If you wish, you can make a charitable contribution and support the activities of the Ukrainian Bar Association.


For additional information about the event, contact: +380 (96) 742-71-07, e-mail: kpyshchyk@uba.ua. Contact person – Kateryna Pyshchyk.

Do you have an interesting idea for an event?