On Thursday, members of the European Parliament voted in favour of a Lithuanian-initiated resolution and called on EU member states and institutions to set up a special tribunal to investigate Russia's crimes in Ukraine.
In total, 472 MEPs voted in favour, 19 against and 33 abstained. All Lithuania MEPs voted in favour, excluding Viktor Uspaskich who did not vote.
The resolution states that the atrocities committed by Russian forces in Bucha, Irpin and many other Ukrainian towns reveal the brutality of the war and underscore the importance of coordinated international action to bring those accountable to justice under international law.
MEPs urge the European Union, in close cooperation with Ukraine and the international community, to push for the creation of a special international tribunal to prosecute Russia’s political and military leadership and its allies.
"The International Criminal Court has no mandate to investigate crimes of war aggression, therefore, all international lawyers recognise that there is a major gap in international law, and we can in fact fill this gap right now by setting up a special tribunal," Lithuanian MEP Andrius Kubilius, one of the resolution initiators, told BNS earlier.
In March, the Hague-based ICC launched an investigation into war crimes and crimes against humanity committed in Ukraine. It had the right to do so because Kyiv recognised its jurisdiction, despite neither Russia nor Ukraine being members of this court established in 2002.
However, while amendments to the Rome Statute, which established the ICC, gave it the power to prosecute aggression since 2018, it is still unable to do so against non-member states, and the only way to do that is to turn to the United Nations Security Council. However, being its permanent member, Russia would automatically veto such a decision.
The resolution underscores "the urgent need for the EU and its Member States, in close cooperation with Ukraine and the international community, preferably through the UN".
A resolution is not a binding document but it reflects a political stance.
In mid-October, Lithuania, Latvia and Estonia called on the EU and its international partners to set up a special tribunal to investigate the crimes of Russian aggression in Ukraine. The countries maintain that such a tribunal would also bring the Russian leadership to justice.
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