🧵w/ proposed instruction manual for creating an international tribunal for the crime of #aggression re: #Ukraine that is fundamentally fair and best established w/ the limited avenues available to the int'l community to do so.
https://twitter.com/philippesands/status/1499809457097818115
#1 Draft and put up for a vote a @UN Security resolution referring the situation in #Ukraine to the #ICC so to add the crime of aggression to the @IntlCrimCourt 's existing jurisdiction in the country. #Russia will undoubtedly veto, but important step to get #UNSC on the record.
#2 Re-open #UN General Assembly #UnitedforPeace Emergency Special Session to pass another resolution recommending the establishment of an international tribunal for the crime of aggression re: Ukraine & incl GA resolution 3314 w/ definition of aggression hrlibrary.umn.edu/instree/GAres3…
#3 Also include in this #UNGA resolution the mandate to cooperate w/ the ICC. While the OTP cannot still prosecute aggression in this scenario, there is no bar to it securing & sharing relevant evidence w/ this new int'l tribunal for aggression.
#4 Lastly, include a recommendation to interested States to join the #RomeStatute and pass the #Kampala amendment on aggression. More information on the latter. crimeofaggression.info/documents/1/ha…
Surely a legal question whether UNGA can create such a tribunal, but the situation and overwhelming int'l support may justify it. All said above while maintaining that there are practical limitations to this idea, such as what powers such a tribunal may have.
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