National and international rights should complement each other. However, the primary role is always played by the national state. In the case of war crimes committed by the Russians in Ukraine, the facts should be resolved by a Russian court. But when the Russian court does not do it, the question is how to deal with it.
Conventions that regulate the conditions and rules for the protection of persons who do not participate in combat (civilians, medics) or are removed from combat (prisoners of war, wounded, sick), during armed conflicts under international law. They were ratified by 196 countries of the world, which implemented them into national law. They agree that there are crimes for which “universal” jurisdiction applies – they are so serious that any state in the world can prosecute them.
After the start of the Russian invasion of Ukraine, the topic became relevant in the spring, when the atrocities from Buča came to light. In July, Ukrainian President Volodymyr Zelenskyi spoke out for the adjudication of crimes connected with the Russian attack against Ukraine and the resulting need for a special tribunal. He said this at a conference where representatives of more than 40 countries and the International Criminal Court (ICC) debated cooperation in investigating war crimes committed during the conflict.
“Existing judicial institutions cannot bring all the culprits to justice. There is therefore a need for a special tribunal to judge the crimes of Russian aggression against Ukraine,” Zelenskyy said in a video recording played during a conference held in The Hague, Netherlands.
Last week, mass graves were discovered in Izjum. The condition of the bodies that the investigators found in them suggested that some people had experienced torture before their death. Foreign Minister Jan Lipavský (Pirates) therefore on Saturday
for the rapid establishment of a special international tribunal.
Rusko po sobě v oblasti Izjumu nechalo masové hroby stovek zastřelených a mučených lidí. V 21. století jsou takové útoky vůči civilnímu obyvatelstvu nemyslitelné a odporné. Nesmíme to přehlížet. Zasadíme se o potrestání všech válečných zločinců. #StandwithUkraine— Jan Lipavský (@JanLipavsky) September 17, 2022
“I want to talk with foreign partners about the possible establishment of an international tribunal, already this week as part of my participation in the UN General Assembly in New York,” he wrote in a statement for the iROZHLAS.cz server. He also emphasized his support for the initiation of an international investigation during his speech at the Security Council on Thursday, where he spoke as the first Czech in almost 30 years.
From my national speech at the 77th UN General Assembly