Denys Shtilierman Profile picture
Co-owner and Chief Designer of «Fire Point» LLC

Nov 13, 2022, 12 tweets

A brief analysis of the concept of a special #tribunal for the crime of aggression (STCA).
 Taking into account that the crime of aggression is subject to the jurisdiction of the International Criminal Court (ICC), and in order to bring 🇷🇺 to justice within the framework of the👇

👆ICC, according to the ICC Statute and the Kampala Amendments, the referral of the case to the ICC by the UN Security Council (UNCS) is required. Since the current configuration of the UNSC does not allow for this, Ukraine has started looking for a way out of this situation.👇

👆The current concept of the establishment of the SCTA promoted by the MFA proposes to sign an agreement between Ukraine and the UN (the Secretariat) on the establishment of the SCTA within the framework of the 11 emergency special session of the UN GA. justsecurity.org/tag/u-n-genera…👇

👆Taking into account that the ICC has substantive jurisdiction over the crime of aggression and has temporary, personal and territorial jurisdiction over the situation in Ukraine, it can be stated that the proposed solution to the problem by creating a parallel judicial body👇

👆 to investigate war crimes is, in fact, extra-legal. It contradicts the ICC Statute, which qualifies the fact of creating such courts as an independent war crime, creates a conflict between the UN normative documents, and creates a dangerous precedent for the adoption of 👇

👆decisions by some member states that directly violate the fundamental documents of the organization. Moreover, this is recognized by the authors of the concept themselves.
In addition, it should be noted that the precedent of creating an additional, parallel body, not limited👇

👆in its activities by the strict framework of ratified conventions and agreements (which in the case of the ICC were developed over 60 years) and uncontrolled by the UNSC, opens the way for manipulations of certain unscrupulous countries (🇷🇺, Iran ....), capable of abusing👇

👆this newly created mechanism to divert attention from their own crimes, by, for example, initiating criminal prosecution of countries that participated in hostilities in Iraq! And de facto to bring our main allies (the 🇺🇸and🇬🇧) and #Ukraine itself to criminal responsibility!👇

👆The preliminary idea of creation of the CTSA by signing interstate agreements has all the above-mentioned drawbacks and many others! gordonandsarahbrown.com/wp-content/upl…👇

👆At the same time, there is a solution that requires less diplomatic effort and strictly complies with International Law, the UN Charter, and precedent-setting decisions of the UNGA, as well as is consistent with the publicly expressed position of our main ally.👇

👆🇷🇺 is the only country in the world that is in the UN and the UN Security Council illegally and has not ratified the UN Charter. To expel 🇷🇺 from the UN according to the "Chinese scenario", half of the votes of the UN GA is enough! kickrussiaout.info👇

👆Expulsion of 🇷🇺 from the #UN will unblock the activities of the UN Security Council and will allow to create an international tribunal like the "Yugoslavian" or by the UN Security Council Resolution to recognize #russia's current aggression and transfer the case to the ICC!

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