International Special Tribunal: Ukraine

Anneliese Dodds Excerpts

Tuesday 3rd September 2024 Westminster Hall

[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.

[David Taylor (Hemel Hempstead) (Lab)]

I am grateful to the Minister for giving way. How we think through the special tribunal and the difficulties in establishing it have been well covered in the debate. Forty of the greatest legal minds have come together to consider the issue, including Professor Akande, a member of the UN international law commission, in a group convened by former Prime Minister Gordon Brown. Would the Minister consider meeting the group to think through some of the complicated issues that are a part of achieving what we all want to see, which is Putin and others facing accountability for their crimes?

--- Later in debate ---

[Anneliese Dodds]

I am grateful to my hon. Friend for making that important point. UK legal expertise is already directly involved in the process through that contribution to the group, but I am sure that the Minister of State, Foreign, Commonwealth and Development Office, my hon. Friend the Member for Cardiff South and Penarth, would be keen to speak to those pre-eminent lawyers to understand more about what we can do in that area. The need is clearly urgent, but we are also resolutely focused on ensuring that any tribunal has the broad international support that it needs to ensure its legitimacy.

As well as doing what we can as the UK, bilaterally we are making sure that we are working with international partners, as Members would expect. That process will need to address all the critical issues. The hon. Member for Honiton and Sidmouth raised the specific issue of Head of State immunity, which is one of those critical issues and one that we, together with partners from more than 40 states and institutions, are discussing in the core group established by Ukraine. We appreciate the necessity of holding all those responsible for this war of aggression to account.

The UK, alongside 40 other states, is also a founding member of the international register of damage for Ukraine, which allows individuals to file claims for loss, injury and damage caused by Russia’s illegal invasion. It is an important first step as part of an international compensation mechanism as well as in achieving the required accountability.

Russia must be held responsible for its illegal war in Ukraine. That includes its obligations under international law to pay for the damage that it has caused. Together with our G7 partners, we have agreed to make approximately $50 billion available to Ukraine by the end of the year by advancing the extraordinary profits generated by immobilised Russian sovereign assets in the European Union.

The critical subject of sanctions was mentioned by the hon. Member for East Londonderry (Mr Campbell), who is no longer in his place. The new Government are absolutely determined to ensure that sanctions are not circumvented and that we have a robust regime. I am sure Members will be pleased to know that, very soon after the election and through the European political community, the UK managed to ensure a call to action against Russia’s shadow fleet, which has unfortunately been significant in the avoidance of sanctions. We are taking resolute action in that area.

The hon. Member for Strangford, who I thank for his kind remarks, rightly mentioned sanctions. He is right to detail the dreadful situation in Russia. My constituency neighbour, the hon. Member for Oxford West and Abingdon, also mentioned it. For two decades, Putin’s Kremlin has presided over a significant deterioration of human rights. That has intensified over the past two years, and we stand with those who have been impacted by it. We have been particularly concerned about those detained on political grounds—the very brave individuals who have stood for human rights and human dignity. We continue to raise cases, particularly those of British nationals. We have seen some developments, but we still see the dreadful persecution of those who have raised human rights issues.

I will round off my remarks by thanking all Members for their interventions, which have been incredibly powerful and important. I reiterate that this Government are determined to hold Russia to account for its illegal and barbaric actions in Ukraine. With Ukraine and our other partners we share the goal of securing accountability for the crimes that have been committed. We are supporting Ukraine to investigate and prosecute those responsible for atrocities, as well as supporting the investigation by the ICC. We will continue to engage in international fora, including the core group looking at the special tribunal proposals, and to actively work on those.

Tomorrow, the Lord Chancellor will be in Vilnius to attend the conference of the Ministers of Justice of the Council of Europe, where we look forward to engaging with our partners on achieving justice for Ukraine. The hon. Member for Rutland and Stamford rightly referred to the significance of action within the Council of Europe in that regard. We are seeking to make progress there, including this week. Together we will ensure that allegations of international crimes are investigated robustly and independently, and we will continue to stand by the brave people of Ukraine for as long as it takes as they defend not only their freedom but our shared security and prosperity.