45. The long-term consequences of establishing an alternative tribunal for the crime of aggression and other options for prosecuting Russia’s President Putin
On 17 October 2023, the House of Representatives asked the Advisory Committee on Issues of Public International Law (CAVV) for an advisory report on the long-term consequences of establishing an alternative tribunal for the crime of aggression and other options for prosecuting Russia’s President Putin.
[This advisory report has been published on January 24, 2024. The English translation has been available since May 21, 2024.]
In this advisory report, the CAVV deals with:
(1) a description of the various alternatives in terms of the scope offered by international law for prosecuting Russian crimes in Ukraine;
(2) a description of the various alternatives for prosecuting President Putin;
(3) an explanation of the possible added value or necessity of an alternative tribunal for the crime of aggression;
(4) an explanation of the usefulness and necessity of amending article 15 bis of the Rome Statute to enable the International Criminal Court to exercise jurisdiction over crimes of aggression committed by a state that is not a party to the Statute in the territory of a state that is;
(5) an analysis of the consequences for the international legal order of the establishment of an aggression tribunal (in whatever form), with a specific focus on the expected effects on the functioning of the International Criminal Court in particular.
The CAVV builds on its advisory report no. 40 from 2022 on challenges in prosecuting the crime of aggression (jurisdiction and immunities).