Ukraine's Zelensky visits ICC, calls for new court to try crime of aggression

Ukrainian President Volodymyr Zelensky on Thursday called for the creation of a special tribunal separate from the International Criminal Court (ICC) to investigate the crime of aggression.

Ukrainian President Volodymyr Zelensky speaks during a press conference with the prime ministers of Belgium and the Netherlands at the Catshuis in The Hague, on May 4, 2023. AFP - ROBIN VAN LONKHUIJSEN

"Not something hybrid that can formally close the topic, not some compromise that will allow politicians to say that the case is allegedly done. But a true full-fledged tribunal," Zelensky said in a speech to leading politicians and diplomats at the ICC in The Hague.

The United Nations defines an act of aggression as the "invasion or attack by the armed forces of a state (on) the territory of another state, or any military occupation".

The ICC does not have the power to try crimes of alleged aggression against Russia, which is not a member of the ICC and rejects its jurisdiction.

"If we want true justice, we should not look for excuses and should not refer to the shortcomings of the current international law, but make bold decisions that will correct the shortcomings of those norms that unfortunately exist in international law," Zelensky added.

First official visit

During his first official visit to the Netherlands, Zelensky met Vera Bergkamp, the Speaker of the House of Representatives as well as Jan Anthonie Bruijn, the President of the Senate.

The Ukrainian leader was greeted at the ICC by its president Piotr Hofmanski. In March, the ICC issued an arrest warrant for the Russian President Vladimir Putin on suspicion of the unlawful deportation of children from Ukraine, which would constitute a war crime.

“We all want to see a different Vladimir here in The Hague," added Zelensky. "The one who deserves to be sanctioned for his criminal actions here, in the capital of international law.

“I’m sure we will see that happen when we win,” he said. “Whoever brings war must receive judgment.”

Putin ordered his country's military forces into Ukraine in February 2022. Russia denies committing atrocities during its conflict with Ukraine, which it terms a special military operation.

"The aggressor must feel the full power of justice, only him," said Zelensky.

Judicial responsibility

"Yet this is our historical responsibility of the modern generation to make the total punishment for aggression inevitable, to prevent the aggression against our country, and also new wars.

"There are potential aggressors in the world and the world must see justice to see peace fully fully secured."

Zelensky's impassioned pleas come two months after the European Commission (EC) suggested that an international centre for the prosecution of the crime of aggression in Ukraine should be set up in The Hague.

"The European Union is supportive of the role of International Criminal Court," said EC president Ursula von der Leyen.

"We also believe that there needs to be a dedicated tribunal to prosecute Russia's crime of aggression."