Geert Jan Alexander Knoops

This article discusses the political initiatives of certain states to establish a special tribunal for the prosecution of the crime of aggression which was allegedly committed within the Ukraine situation. The article raises questions about the feasibility of establishing such a court, given that the International Criminal Court (ICC) has within its mandate the possibility to try an aggression case. However, in this article it will be explained why the ICC is not a viable option in this regard, while a new Ukraine tribunal also creates various legal obstacles. The article suggests that the political motivations behind this proposal should be balanced against these legal obstacles, including procedural obstacles related to the crime of aggression and functional immunities, and how proceedings should be conducted in the presence or absence of the accused. The article concludes that a thorough assessment of these legal and procedural considerations must be made before deciding to establish a special Ukraine tribunal.