Creating a Special Tribunal for Aggression Against Ukraine Is a Bad Idea (KEVIN JON HELLER)

The most significant cost of the Special Tribunal, however, would be the message its creation would send about the selectivity of international criminal justice. We all know that selectivity is inherent in the system; it wouldn’t be possible to prosecute all of the international crimes committed in the world even if states were far more committed to such prosecutions than they are now. But sometimes selectivity is so obvious, and so indefensible, that international lawyers simply have to say “enough is enough.” Less than two decades ago, the US and the UK, along with a coalition of dozens of other states, invaded Iraq with massive military force, overthrew its government, and occupied its territory. And it did so based on a series of knowing and intentional lies about Iraq being involved in 9/11 and possessing weapons of mass destruction. That invasion was unlawful and criminal — the most flagrant act of aggression since the Vietnam War — and its results were predictably catastrophic: approximately 200,000 Iraqi civilians killed (30,000 by the end of April 2003 alone), nearly 5,000 coalition soldiers lost, more than 2,000,000 refugees created, trillions of dollars wasted, and the entire region destabilized. Yet not a single American or British leader has ever been prosecuted for aggression. Kevin Jon Heller is Professor of International Law and Security at the University of Copenhagen's Centre for Military Studies and Professor of Law at the Australian National University.

TRATADO SOBRE EL ESTATUTO DEL CONSEJO DE EUROPA

 

Opening of the treaty	05/05/1949 -

Entry in force	03/08/1949 - 7 Ratifications.

Total number of ratifications/accessions

47

Members of Council of Europe

State or International Organisation	Signature	Ratification	Entry into Force

Russian Federation

28/02/1996 a

28/02/1996

Spain

24/11/1977 a

24/11/1977

Ukraine

09/11/1995 a

09/11/1995

Chapter I – Aim of the Council of Europe

Article 1

a The aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress.

b This aim shall be pursued through the organs of the Council by discussion of questions of common concern and by agreements and common action in economic, social, cultural, scientific, legal and administrative matters and in the maintenance and further realisation of human rights and fundamental freedoms.

c Participation in the Council of Europe shall not affect the collaboration of its members in the work of the United Nations and of other international organisations or unions to which they are parties.

d Matters relating to national defence do not fall within the scope of the Council of Europe.

Chapter II – Membership

Article 3

Every member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the realisation of the aim of the Council as specified in Chapter I.

Article 8

Any member of the Council of Europe which has seriously violated Article 3 may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under Article 7. If such member does not comply with this request, the Committee may decide that it has ceased to be a member of the Council as from such date as the Committee may determine

Chapter V – Consultative Assembly

Article 23 (1)

a The Consultative Assembly may discuss and make recommendations upon any matter within the aim and scope of the Council of Europe as defined in Chapter I. It shall also discuss and may make recommendations upon any matter referred to it by the Committee of Ministers with a request for its opinion

TRATADO SOBRE EL ESTATUTO DEL CONSEJO DE EUROPA