Draft special court for Ukraine begins to circulate in UN
The early draft of guidelines for a potential special court to prosecute war crimes allegedly committed by Russian forces in Ukraine is circulating within the United Nations and among key allied capitals. This mechanism, if confirmed, would aim to offer a legally robust path to accountability while addressing the urgent needs of victims and the international community. Washington has signaled openness to assisting in the process at Kyiv’s request, with the objective of having the court up and running by the latest target date of September next year. Officials emphasize that political will, legal standards, and practical logistics will determine whether the plan moves forward, and that any final design would require broad international agreement among participating states. [UN News] [U.S. State Department]
U.S. ambassador for international criminal justice, Beth van Schaack, noted during a public briefing in London that recent actions at the United Nations General Assembly reflect a trend toward supporting Ukraine. She highlighted that many General Assembly decisions to date have leaned in Kyiv’s favor, underscoring the international community’s intent to uphold accountability for serious violations. The ambassador stressed that while the United States may consider sharing intelligence to facilitate court procedures, the decision to prosecute at the level of the International Criminal Court remains a separate issue. The ICC has not been signatory to the Russian charter, which affects jurisdiction, yet investigations into alleged abuses in Ukraine continue under the court’s ongoing mandate. [ICC] [UN News]
In outlining the possible path forward, officials explained that the legality of a special court would rely on securing an authoritative framework that can command legitimacy across multiple legal systems. Proponents argue such a court could complement existing mechanisms by narrowing gaps in accountability for acts that shock the conscience of the international community. Critics caution that establishing a new jurisdiction involves intricate questions about evidence-sharing, witness protection, and the balance between national sovereignty and international oversight. The United States has indicated a willingness to explore declassification of certain information if it would aid proceedings, provided it does not compromise ongoing operations or sensitive intelligence considerations. Meanwhile, Kyiv has conveyed clear expectations about the scope, enforceability, and timeliness of any adjudicatory process, stressing the importance of ensuring that victims receive timely redress. [Background briefings] [S/RES] [Kyiv] [UN News]