Crime Of Aggression Against Ukraine: A Legal Appraisal Of The Proposed Tribunal

Samuel Ekpokeme Epouwei, University of East London

ABSTRACT

The war between Russia and Ukraine has once again brought to limelight the foundational principle of state’s sovereignty, and the doctrine of self- defence. The continued use of aggression by Russia in its occupation of Ukraine has brewed several questions regarding the prosecution of the present war criminals by establishing a tribunal based on Ukraine’s laws and the UN Charter. Against this backdrop, the article examines the putative tribunal's novel nature. The study scrutinizes three major interlinked factors related to the tribunal's construction and operation: the legal foundation for its formation, issues of immunity, and issues of execution of its rulings. This article concludes that given the UN Security Council is incapacitated to discharge its duties due to the veto of Russia, the UN General Assembly could exceptionally defer the crime of aggression against Ukraine to the International Criminal Court. It must be kept in mind that significant problems of legality remain. Nevertheless, it should be remembered that substantial legal concerns exist in all instances.