International law will eventually hold Putin accountable, expert says

This was stated in a comment to Ukrinform by international criminal law expert and Executive Director of the International Bar Association (IBA) Mark Ellis.

“International law plays the long game. History shows that other former heads of state, such as Slobodan Milosevic and Charles Taylor, who saw themselves as ‘untouchable’, eventually faced trial. But in the short term, Putin is protected from head-of-state immunity for the crime of aggression as long as he is in office. Under customary international law, sitting heads of State are typically shielded from prosecution unless they appear before international criminal courts such as the ICTY, ICTR, and ICC, which do not recognize head-of-state immunity. This is why the ICC has indicted Putin for war crimes and issued an arrest warrant,” he said.

According to him, “as for the Special Tribunal for the Crime of Aggression against Ukraine, its statute also does not recognize head-of-state immunity. This is an important position in support of accountability. However, in a necessary compromise among the core states involved in drafting the statute, the prosecutor will be able to prepare an indictment against Putin for the crime of aggression, but that indictment cannot be confirmed while he remains in office. No arrest warrant would be issued in such a case, and the pre-trial judge would be required to suspend proceedings until Putin leaves his position. But I am convinced that Putin will be brought to justice both by the ICC and the Special Tribunal. There is no statute of limitations for the crimes committed by Putin.”

Ellis also described the meeting of the Committee of Ministers of the Council of Europe in Chișinău (Moldova) on May 14–15 as an “important step in the creation of the tribunal.”

“It is moving from the institutional phase to the operational phase. This is significant not only for Ukraine but also critical for the international community and for upholding the fundamental principles of international law,” Ellis said.

As reported by Ukrinform, the Netherlands has designated a location for the initial phase of the Special Tribunal in the international zone of The Hague.