
© Strategic Culture Foundation
Kaja Kallas'
delusional and laughably ill-timed announcement, made the day after Russia's 9 May Victory Day triumph in Moscow, that European puppet leaders are planning to establish a
"special tribunal" within the framework of the Council of Europe to judge Russia for "aggression" and other alleged crimes in Ukraine jogs some memories from the Hague. ICTY, the International Criminal Tribunal for the Former Yugoslavia, is located there, as the new Tribunal Kallas has mentioned will also be. This writer had spent some of the most interesting years of his life there.
An enduring memory is former Serbian and Yugoslav President Slobodan Milosevic, who was abducted by the vassal regime installed in his country after the October 2000 colour revolution and sent to the Hague to be put on trial. During his initial appearance in the courtroom, addressing the judges and Prosecutor Carla del Ponte, Milosevic referred to the court as a "false tribunal."
That phrase stuck in my mind. Milosevic's English was adequate, but it was not flawless. Hence the picturesque turn of phrase he used. Had he been more fluent in idiomatic English he would have called it a "phony" or "bogus" tribunal. Instead he translated what he meant to say directly from his native Serbian with a result that was more amusing than academically precise. But no harm was done. In fact, under the circumstances the glaringly unidiomatic locution made his profound point even stronger.
Regrettably, Kaja Kallas has not disclosed technical details about the projected Tribunal which should be made available before the credibility of this venture can be properly assessed. There are several parameters that must be established before any such "court" can be taken seriously.
The first of these is a clear definition of the new judicial body's mandate. It is not enough merely to say that it shall deal with war crimes and crimes against humanity arising from the conflict in the Ukraine since February 2022.
Whose crimes will be the subject of the court's investigation and ultimately judgment? Kallas' rationale behind the creation of this court raises serious issues in that regard. She refers exclusively to "Russian crimes," a reference also echoed by EU Commission President Ursula van den Leyen and EU Rule of Law Commissioner Michael McGrath. Has no one else been observed committing crimes in Ukraine during the period under consideration, or perhaps going back a bit further, to 2014? If there are any lingering doubts concerning this matter, which directly impacts the Tribunal's objectivity, they were settled by the clarification on the
European Commission posted on its website:
"The Tribunal will have the power to investigate, prosecute and try Russian political and military leaders, who bear the greatest responsibility for the crime of aggression against Ukraine."
Comment: In the lead-up to the war, we recall thousands of military-age Ukrainians fled the country.