International Special Tribunal: Ukraine

Alicia Kearns Excerpts

Tuesday 3rd September 2024 Westminster Hall

[Alicia Kearns (Rutland and Stamford) (Con)]

It is a pleasure to serve under your chairmanship, Mr Efford. I thank the hon. and gallant Member for Honiton and Sidmouth (Richard Foord) for securing this important debate. I was grateful for his co-operation in the previous Parliament on not only Ukraine but the Balkans, which is an area of particular interest to us both.

I am proud that, over the past few years, the UK has consistently led international efforts to support Ukraine. In government, the Conservative party made sure that we were the party that stood behind Ukraine and was its first port of call. In opposition, we will continue in that spirit of the UK being Ukraine’s safe harbour. Whether on pursuing justice through international tribunals, seizing Russian state assets, supporting the ICC in its investigations, enforcing sanctions, or ensuring that Ukraine has the weaponry it requires to win, the UK must continue to lead.

However, I will start on a disappointing note. I was heartbroken to hear President Zelensky say that Britain’s leadership on Ukraine has slowed down. It is vital that the new Government demonstrate the same commitment that we did; they must be resolute. It is extraordinary for another world leader to criticise the UK or to criticise any partner publicly. His words were that the UK had demonstrated

“true leadership—in arms, politics, and support for Ukrainian society”,

which had “saved thousands of lives”, but that that had now “slowed down”. The Government will have the full support of everyone on the Conservative Benches and, indeed, of the party of the hon. Member for Honiton and Sidmouth—if they step back up to the plate. We cannot have our greatest ally question our support in any way at this time. Conversely, although the Government will have our full support if they do that, we will provide full scrutiny should such support slip.

I welcome today’s contributions by the hon. Member for Oxford West and Abingdon (Layla Moran), who made a similar point, and the hon. Member for Strangford (Jim Shannon). They have both been consistent in their support for not only Ukraine but human rights around the world.

A special tribunal on Russia’s crime of aggression would formalise Russian culpability for the invasion of Ukraine. It would prevent Putin from embedding his counterfactual narrative in history, which we should be in no doubt is what he is seeking to do. It would ensure that the brave women, men and children of Ukraine—such as Nika, from my team, who joins us in the Public Gallery—do not suffer from Russia’s attempts to rewrite their history and eradicate their truth. It would give survivors their day in court, showing beyond doubt that the world cares and listens, and that they will be heard. It would also demonstrate—as the hon. Member for Honiton and Sidmouth said—that even members of the UN Security Council are not immune from international law.

The moral case for seeking justice for Russia’s crime of aggression is indisputable, and the Government’s role is to find the legal means to deliver that. None of us should pretend it is easy; it is not, and the G7 countries have grappled with finding a way to deliver it. The crime of aggression was adopted into international law by the UN General Assembly in 1971. As the hon. Member for Strangford set out, the definition agreed by the UN makes it clear that there is a clear case for Russia to answer. Rather than repeating the list that he provided, I will just add a couple of points. The sponsorship of armed irregulars since 2014—the so-called “little green men” in Donbas—is an additional reason to bring a case against Russia. There is also a case against Belarus for allowing the use of its territory as a launch pad for the invasion.

Why a special tribunal? As the hon. Member for Oxford West and Abingdon stated, neither Ukraine nor Russia is a party to the Rome statute, meaning that the ICC cannot prosecute Russia for its acts of aggression, unlike in relation to other areas, such as Putin’s abduction of Ukrainian children. Ukraine is clear that the world must devise an alternative legal route for justice. As the initial crime led to all subsequent atrocities, ensuring accountability for it is key.

Likewise, we need to demonstrate flexibility and a determination to guarantee accountability for crimes, both to deter future breaches of international law and to strengthen it in an increasingly dangerous world. Ukraine and the principle of justice demand a solution, and the Conservative Government devoted a huge amount of time and energy to trying to deliver one: the UK is part of the core group of 40 states working on a deliverable form of tribunal; we led on the G7 proposals for a hybrid tribunal, which would solve some of the issues to do with immunity and legitimacy; and as the hon. Member for Honiton and Sidmouth said, there was a special conference in London on the topic of the special tribunal, where I contributed to the published communiqué.

The moral case for a special tribunal is clear and has a firm basis in international and UK law, and the previous Conservative Government led efforts to find a solution, but that was not straightforward. We now need to hear how this Government intend to carry on that important work. Ukraine has made it clear that a special tribunal with elements of international involvement is not possible on its territory without changes to its constitution, and it cannot deliver that during a time of martial law. Likewise, the conventional route of establishing a special international tribunal through the UN Security Council is blocked, due to Russia’s veto. Finally, a tribunal must find a form that allows Russia’s leadership to be tried in absentia—to the conversation that took place in this debate about individual culpability—and the diplomatic immunities given in domestic courts must be dealt with.

There have been suggestions about holding the tribunal in a third country, and the Dutch Government have now stepped forward and reportedly expressed their willingness to host this special court. Given that the Netherlands has a long history of hosting international human rights courts, that would seem an intelligent and practical option, but it still requires an international mandate. As Foreign Secretary, Lord Cameron supported the Council of Europe’s work to establish a viable special tribunal in co-operation with Ukraine. Today, I urge the UK to lobby for a vote at the UN General Assembly in September to establish a special tribunal in a third country, in conjunction with the Netherlands.

Holding Russia accountable for the crime of aggression is vital, but it requires imagination and drive in the face of deeply complex legal questions. As the war approaches its third year, the form of a viable tribunal appears to be taking shape: a special tribunal, held in a third country, established by a treaty between the Council of Europe and Ukraine, and supported by a wider membership in the UN General Assembly. That is the best route to justice. The previous Government’s work got us to this point and we sincerely hope the current Government maintain the focus necessary to finish the job.

Turning to my questions, I want to ask first for an update on any discussions held with my friend the prosecutor general of Ukraine, Andriy Kostin. Has the Minister for Europe held discussions with his Ukrainian counterpart on establishing the tribunal? Do the Government support a special international tribunal held in a third country? Can they update us on any progress made by the Council of Europe on agreeing a format? What conversations are the Government having with non-European partners to secure their support for an international tribunal? What form do the Government see as best placed to solve the diplomatic immunity issues regarding Russia’s leaders? Finally, will the Minister confirm that strong representations will be made to Mongolia following its failure to arrest President Putin when he was on its soil this week?

The crime of aggression is clearly defined in international law. It includes supporting irregular forces against a state, bombardment, invasion, occupation and annexation. It is the original sin from which all of Russia’s other crimes have come and it must now be tried. A special tribunal could determine formally that Russia committed an act of aggression against Ukraine, a peaceful neighbouring state. That would cement truth into history and block Putin’s revisionist nonsense from taking root. Truth is fundamental to the future, and atrocity denial is a deliberate attack on victims and survivors. Ukrainians know that more than most, having endured years of the Holodomor denial under the Soviet Union and the continued lies by Russia. Putin understands the power of narrative and deliberately uses a warped past as a weapon to justify present wrongs. The impetus for a special tribunal on Russian aggression is therefore clear but, yes, the legal route is complex.

The Conservatives’ work in government, with support across the House and in partnership with our allies, has brought us close to a solution. We now need to see it delivered for every Ukrainian who has suffered, for the victory of right over wrong, and to set a precedent to deter other oppressor states from their own acts of aggression. I again thank the hon. Member for Honiton and Sidmouth for calling this important debate. I genuinely wish the Minister every success in these efforts. These issues are complex and thorny, but we finally have a way ahead, and it seems that there is international consensus.

[The Minister for Development (Anneliese Dodds)]

It is a real pleasure to speak in this important debate with you in the chair, Mr Efford. I am grateful to the hon. Member for Honiton and Sidmouth (Richard Foord) for securing it and for his great interest in this subject over a long period, including in the APPG on Ukraine. As I am sure the hon. Member knows, the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty), would have been delighted to take part in the debate—they visited Ukraine together previously—but my hon. Friend is travelling elsewhere on ministerial duties, so I am here, and I am pleased to be responding on behalf of the Government.

I want to start by re-emphasising the comments made by the hon. Member for Strangford (Jim Shannon) about the need for continued cross-party support for Ukraine and our united determination to stand against Putin’s aggression. We have seen that determination and commitment from the people of the UK in their hospitality and support for Ukrainians who have come here. That has been incredibly important.

It is always a pleasure to serve opposite the hon. Member for Rutland and Stamford (Alicia Kearns), but I want to set out from the beginning that the new UK Government’s support for Ukraine could not be clearer. As I know she is aware, the Prime Minister himself was clear that there would be a commitment from the new UK Government of military support worth £3 billion a year until 2030-31 or for as long as is necessary. That is an unprecedented commitment. Of course, the Prime Minister, the Foreign Secretary and the Defence Secretary all spoke with their opposite numbers in Ukraine within the first hours of the new Government coming into post, and we have prioritised this issue within both NATO and the European Political Community. It really is important that we continue to see that united support and that we do not see this issue being politicised. That would be a terrible shame and would not support Ukraine in its hour of need.

[Alicia Kearns]

I think that the right hon. Lady would recognise, however, that President Zelensky cannot be accused of politicising the situation. If the Conservative party were still in power, and if the right hon. Lady had heard President Zelensky say what he did, I would have heard about it every single moment of every single day. We have been courteous in raising it, and it is right to raise it, because we can never again hear President Zelensky say—as he did no more than six weeks into a Labour Government—that he is deeply concerned. I am relieved and grateful to hear the right hon. Lady’s assurances today, and I hope we can move forward in exactly that spirit of seeing the support that Ukraine deserves.

[Anneliese Dodds]

That support and that united approach are incredibly important. I will come back to the reasons in a moment, but Ukraine needs a united, continued front and, above all, for the UK to play a role not just directly in providing military support along with other nations, but in ensuring accountability, which is the subject of this debate. I was talking particularly about taking party political approaches to this issue, which the current Government avoided doing in opposition. It is important that we continue in that way; I know that the hon. Lady will want to ensure that that is the case, and I am grateful for her comments just now. As was mentioned earlier, it is also important that, where we see an increased prevalence of conflict globally—sadly, I am well aware of that as the Minister for Development—we continue to have that unified voice on the UK’s position.

Russia’s illegal invasion of Ukraine is clearly a violation of the UN charter, and it strikes at the very heart of the rules on which our security and prosperity depend. The atrocities in Ukraine are some of the worst we have seen in Europe since world war two. Over six million Ukrainians have been forced to flee the country, over three million have been internally displaced, and the Office of the UN High Commissioner for Human Rights reports that over 11,000 civilians have been killed and at least 23,600 have been injured. The attacks that we saw, disturbingly, on 26 and 27 August represent continued evidence that Russia is intentionally targeting civilian energy infrastructure, without any regard for the safety and livelihood of millions of Ukrainians. Those attacks threaten civil access to power, heating and water supply, and they risk a further humanitarian crisis this winter. My constituency neighbour, the hon. Member for Oxford West and Abingdon (Layla Moran), spoke eloquently on that subject in her contribution. We also heard from the hon. Member for Arbroath and Broughty Ferry (Stephen Gethins) about concerning evidence of developments even today regarding additional instances of Putin’s aggression towards the people of Ukraine.

Overall, Ukraine’s Office of the Prosecutor General has recorded more than 135,000 incidents of alleged war crimes, including murder, rape and the deportation of children. They appal us all. The Russian missile that hit a children’s hospital in July is yet further evidence of Putin’s callous disregard for human life. Yesterday, in the House—a number of Members here were present—we discussed the recent attacks that impacted on children in a playground in Kharkiv, as well as a children’s rehabilitation centre and orphanage.

We really need to see accountability, which Ukraine obviously wants for both those hideous atrocities and the illegal, unprovoked invasion from which these war crimes stem. I appreciated the clarification at the very beginning from the hon. Member for Honiton and Sidmouth: there is the initial illegal, unprovoked invasion and what has followed from it—he was right to separate the two.

The UK is committed to ensuring that Russia is held to account for its actions, and is leading efforts to refer the situation in Ukraine to the International Criminal Court and to ensure that it then takes action as an independent court. I can inform Members that the referral has secured the support of 42 other countries; it is the biggest state referral in the history of the ICC, enabling the prosecutor to proceed straight to investigation without the need for judicial approval. Having led the group referral, the UK is committed to making sure that the ICC has what it needs to continue that work. There has obviously been a financial contribution under the previous Government, for which we are grateful, including £2.3 million in additional contributions to the Court since the start of the war. That funding has increase the ICC’s capacity to collect evidence and provide enhanced psychosocial support for witnesses and survivors of the atrocities committed by Russia.

In response to the comments from the hon. Member for Oxford West and Abingdon, I want to be clear that the ICC is an independent judicial institution, and it is for the ICC prosecutor to determine the nature and focus of the Court’s investigations. They are now well under way and making progress. In 2023, the ICC issued arrest warrants for President Putin and his children’s rights commissioner, Maria Lvova-Belova, for the unlawful deportation of Ukrainian children. When we talk about indictment and the provision of warrants, I want to underline the existence of that warrant for Putin from the ICC. The shadow Minister, the hon. Member for Rutland and Stamford, mentioned Putin’s visit to Mongolia and we have of course raised our concerns with the Mongolian authorities about their decision to host President Putin in those circumstances. We are absolutely clear that we respect the independence and the role of the ICC.

Following those initial warrants, we have also seen warrants issued in March for top Russian commanders Sergei Kobylash and Viktor Sokolov for directing missile attacks at civilian objects, including Ukrainian electricity infrastructure. In June, arrest warrants were issued for the former Russian defence minister Sergei Shoigu and the chief of general staff for the Russian armed forces, Valery Gerasimov. While the list of ICC subjects is growing, it will be in the courts of Ukraine—not The Hague—that the majority of cases will be heard.

In May 2022, under the previous Government—again, we are grateful for this action—the UK established the atrocity crimes advisory group, or ACA, with the European Union and the US to provide advice and support to the office of the prosecutor general of Ukraine and to enhance capacity to investigate and prosecute war crimes through their domestic system. Overall UK funding for this work has come to £6.2 million, and UK experts have provided advice on over 100 atrocity crimes cases at central and regional levels. That work very much continues.

UK support for Ukraine’s investigations has been further boosted by the deployment of our former ICC judge, Sir Howard Morrison KC. People in this Chamber will be well aware of his eminence as an adviser to Ukraine’s prosecutor general. Let me say in response to comments from Opposition Members that that support continues. He has overseen the delivery of war crimes training to 294 Ukrainian judges, 86 prosecutors, and 19 investigators.

We support Ukraine’s calls for accountability for the crime of aggression, as well as for the decision to invade Ukraine illegally and without provocation, from which so many further crimes have followed. As we made clear in our manifesto, the new Government will support work towards establishing a special tribunal on the crime of aggression against Ukraine—those responsible for the hideous atrocities we have seen there must be held to account for their actions.

Agreement on the details of the tribunal will matter if it is to be legally sound and to attract the broad international support that will be crucial to its legitimacy and, ultimately, its impact. If we want this to work, and we do, we need to get it right, so we continue to play an active role in the core group, established and led by Ukraine, to explore options for achieving criminal accountability, including through a special tribunal. As some Members will know, the group brings together many experts.