Ukraine: Special Tribunal

David Rutley Excerpts

Tuesday 9th May 2023 Westminster Hall

[The Parliamentary Under-Secretary of State for Foreign, Commonwealth and Development Affairs (David Rutley)]

It is an honour to serve with you in the Chair once again, Mr Davies. I congratulate the hon. and gallant Member for Tiverton and Honiton (Richard Foord) on securing this important debate and on the considered views he set out, as well as other hon. Members. I will do everything I can to respond to the points that have been raised.

Across the House, we are all horrified by the horrific acts, war crimes and atrocities being committed in Ukraine. It is great to continue to see that level of cross-party support in calling out and condemning these acts of aggression. The hon. Member for West Dunbartonshire (Martin Docherty-Hughes) talked about the experiences of his family during the second world war. My mother grew up as a little girl in occupied Denmark. We need to condemn these acts; we should learn lessons from the wars that have taken place. There is a lot more that we need to do to call out these indiscriminate attacks on civilians, widespread sexual violence, torture and execution.

We are appalled by Russia’s continuing strikes against Ukraine, including missile attacks on Kyiv in the early hours of this morning and over the weekend, as the hon. Member for Cardiff South and Penarth (Stephen Doughty) highlighted. We will continue to do all that we can to support Ukraine in the face of this assault on its sovereignty and territory. The United Kingdom stands with the people of Ukraine in their desire to see justice done. President Putin, the Russian leadership and the forces committing these barbaric acts must be held to account. Responding to that challenge requires a co-ordinated international approach on several fronts. That is why, over the past year, the British Government have been a leader on accountability. Working with our international partners, we have taken action on several fronts. I will set out some of the steps that we have taken.

First, we are supporting the Ukrainian justice system. It is clear that the majority of allegations of atrocity crimes committed will be investigated and, where there is a case to be made, prosecuted in the courts of Ukraine. Ukraine’s prosecutor general recently announced that Ukraine has already registered close to 80,000 cases of war crimes. Sadly, that number will increase. It is important that the Ukrainian justice system is able to rise to that considerable challenge. That is why we established the Atrocity Crimes Advisory Group with the EU and US and provided a £2.5 million UK support package. By co-ordinating among the partners, we are better able to ensure the effective and expedient deployment of resources and skilled personnel in response to the needs of the war crimes units of the office of the prosecutor general.

Through our support, more than 100 Ukrainian judges have been trained in war crimes prosecution and management and nearly 80 members of the national police of Ukraine have been trained on the forensic response, which must not be forgotten. Our package has also supported 14 mobile justice team field visits within Ukraine, including at Kherson, thereby helping to gather and protect evidence that may be used in Ukraine’s investigations. We have assisted civil society organisations to deliver psychological and legal assistance to survivors of horrific sexual violence in conflict.

We are also supporting international justice mechanisms. In March last year, within weeks of Russia’s invasion, the UK led efforts to refer the situation in Ukraine to the International Criminal Court. That referral has now secured the support of 42 other countries, and it enabled the ICC prosecutor to proceed straight to investigation without the need for judicial approval. With the ICC investigations under way, we have intensified our support for the Court, including by organising meetings for international Justice Ministers, to encourage and co-ordinate offers of support.

The UK has led from the front. Last year, we made a £1 million voluntary contribution, on top of our £10.5 million of annual funding. That funding increased the ICC’s capacity to collect evidence and provided enhanced psychosocial support to witnesses and survivors of traumatic atrocities. In March this year, a conference in London hosted by the former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), generated more than £4 million in voluntary contributions and new offers of practical support for the Court and its independent investigation. That included a £1 million contribution from the United Kingdom.

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. Those investigations are now well under way and it is clear that they are making progress. The ICC arrest warrants for the unlawful deportation of Ukrainian children that were issued for Putin and his children’s commissioner in March demonstrate that the international justice system is working and moving forward.

Let me turn to the issue of how to ensure accountability for the crime of aggression, about which many contributors to this important debate have talked. Ukraine wants accountability for the illegal, unprovoked invasion from which the war crimes stem. We share that goal and recognise the challenges in achieving it. The ICC does not have jurisdiction over the crime of aggression that has allegedly been committed in and against Ukraine. Under other circumstances, I believe the UN Security Council would have referred this act of aggression to the International Criminal Court to give it that jurisdiction. Russia’s position as a veto-holding permanent member of the Security Council means that that will not happen, which is why we are exploring other options.

In January, the UK accepted Ukraine’s invitation to join a core group that it created to shape thinking on criminal accountability for Russia. I am pleased that there is cross-party support for the Government’s engagement in that respect. The work of the group includes exploring whether a special tribunal on the crime of aggression against Ukraine might be feasible. The hon. Members for Tiverton and Honiton and for Cardiff South and Penarth indicated that the Government might have formed a definitive view. I should explain to colleagues that the Government have not declared their support for one particular option. We joined the core group to discuss how best to hold Russia to account for the crime of aggression, and the group will consider all options. These are of course complex issues of international law.

[Stephen Doughty]

I accept that complexity is inherent and that serious work needs to be done, but will the Minister assure Members that he has listened to what President Zelensky and, indeed, others, including the prosecutor general and Justice Minister of Ukraine, have said very clearly on this issue and the question of a hybrid model?

--- Later in debate ---

[David Rutley]

The hon. Member makes an important point, as always. We have listened to the President, to other people who have made important points on the options and, of course, to hon. Members here about their thoughts on these matters. We are playing an important role in the core group, which Ukraine has said is the main platform for exploring the legal and technical issues involved in creating a tribunal. UK legal experts are working with their opposite numbers from other states to help to shape the proposals.

The hon. Member for Strangford (Jim Shannon) has called for action. He always does, in many debates, and we are grateful for that. I can tell him and others that as we speak today, an online summit of leaders of members of the core group is taking place, with my right hon. Friend the Foreign Secretary among those to send a message of support. With Ukraine and our partners in the core group, we share the goal of exploring ways to ensure effective accountability for this crime. As has been said, there are significant challenges, including complex issues of international law, which must be resolved if any new mechanism is to be successful. The core group is the right body to address those issues; the details will matter.

My hon. Friend the Member for Henley (John Howell) has discussed with me on a number of occasions his very important work at the Council of Europe. We recognise that the Council of Europe is among those advocating for a tribunal and is keen to be involved. Clearly, at the moment, its role has not been agreed; there is more work to be done to shape thinking and develop options, as I have said. It is important that any new mechanism complements the ICC investigation and that the UK and Ukraine’s other partners maintain our support for the existing international judicial system.

Let me reflect for a few minutes on the wider situation on the ground and the UK’s support for Ukraine. Putin’s army is on the defensive. Ukraine’s heroic armed forces have recaptured thousands of square miles. We are working with our allies to ensure that Ukraine has the support that it needs to win this war and to secure a lasting peace. The hon. Member for Strangford made important comments in highlighting that.

We have committed £6.5 billion in military, humanitarian and economic aid since the start of the invasion. We have also made available £1.7 billion in fiscal support to Ukraine, including £1.6 billion through four World Bank loan guarantees. We have been leading work on humanitarian assistance, and helping to build an international coalition to call out Putin’s invasion and in support of Ukraine. I was privileged in January to speak at the UN Security Council in favour of the UN charter and of the rule of law, which we all hold dear in our hearts. We need to ensure that other international actors show their respect for those important institutions and laws. Of course, we have also put in place an important and unprecedented set of sanctions.

My hon. Friend the Member for Henley talked about the importance of recovery. We are pleased to see broad support—the UK gave its support at the UN General Assembly on 14 November—for the establishment of a register of damages. That will be vital to work on recovery mechanisms to help the people of Ukraine after the conflict. Of course, we look forward to co-hosting the next Ukraine recovery conference in London next month.

[Stephen Doughty]

It is welcome that the recovery and reconstruction conference is taking place here, but of course one of the crucial issues at the conference will be the finance for the huge amount of reconstruction needed. One reason why we support an international special tribunal and other legal mechanisms is that they can provide a firm foundation for action to sequester and seize Russian state assets, rather than just freezing them. Can the Minister update us on the Government’s thinking about the legal process for that? We have had a lot of stalling and flummery and there has not been a clear position on the issue, which will be critical for the conference.

[David Rutley]

I understand the point that the hon. Member makes. Clearly, the asset seizures have been important. We need to work out how they could be used in the recovery. He knows—he is very astute on these matters—that there are complex issues, but we are working away on this, just as we are on the other issues that we have talked about during the debate.

The hon. Member also talked about Belarus. We are taking every opportunity to remind the Belarusian regime that there will be serious consequences if it becomes more directly involved in Russia’s war.

The UK is determined to hold Russia to account for its illegal and barbaric actions in Ukraine, and to ensure that justice prevails. That includes providing support for the Ukrainian and international justice systems, and working with the core group established by Ukraine to consider accountability, including the possibility of a special tribunal. Meanwhile, we will continue to supply aid to help the fightback and crack down on supporters of the war through sanctions, all while remaining at the centre of diplomatic efforts to secure the strongest possible support for Ukraine across the international community. We share Ukraine’s determination that Putin’s illegal invasion must fail and that justice must be done. As President Zelensky said last week in The Hague,

“there can be no peace without justice”.

12.30 pm

[Richard Foord]

I am grateful to hon. Members for their contributions to this interesting debate. The hon. Member for Strangford (Jim Shannon) reflected on the annexation of Crimea in 2014 and suggested that we should have been much more active in thinking about justice at that point, rather than waiting until the full-scale invasion in 2022. Perhaps the difference between those invasions is that in 2014 Russia denied the presence of its troops in Ukraine; what makes the invasion in 2022 so outrageous is that Russia did not seek to hide the enormous military presence it had put into Ukraine.

I agree with the hon. Member that we should not simply bandy about the term “special tribunal”; we should really drive it forward and seek action. I also very much liked the fact that he referred to the UN charter and to article 2(4) on the prohibition of the use of force and the importance of territorial integrity.

I am grateful to the hon. Member for Henley (John Howell) for his contributions about the Council of Europe. He pointed out that Ukraine will be high on the agenda at the Council of Europe summit meeting in two weeks’ time. He mentioned that there can be difficulty in getting agreement at the UN General Assembly. I accept that it can be difficult to get a majority or a super-majority in that body, but we proved last March, when 141 states came out and condemned aggression, that achieving these things is not impossible. I appreciate the Council of Europe’s reaffirming the need for strong accountability.

I am grateful to the hon. Member for West Dunbartonshire (Martin Docherty-Hughes) for pointing out that we have to think about how aggression can set a precedent. We have to think about how, if we leave this particular aggression to go unchecked or unaccounted for, it could encourage other states to perpetrate aggression in the future. The hon. Member will correct me if I have misunderstood him, but I think he cautioned against timidity for fear that future leaders in the UK and elsewhere might be subject to prosecution. I agree that we must not be timid in that respect. Of course, both his party and mine have opposed some invasions that this country has been involved in during the last 20 years, and one in particular.

The hon. Member for Cardiff South and Penarth (Stephen Doughty) spoke about the original sin. I very much liked the way he put that. He quoted President Zelensky on some of the shortcomings of the hybrid model. I liked the way that the hon. Member talked about “true and full justice”, and I agree that that is what is required.

The Minister talked about the Atrocity Crimes Advisory Group. It is very welcome that the UK is taking initiatives in support of prosecuting war crimes and crimes against humanity. I am also grateful to the Minister for reminding us of the additional £1 million contribution by the UK to the ICC for such things as psychosocial support for victims. That is all very noble, but I was pleased that he turned to the crime of aggression. I was particularly pleased to hear him say that the UK Government have not declared support for a particular option for a tribunal. That is welcome.

Back in January, the Foreign Secretary talked about supporting a special hybrid court so long as it did not duplicate the work of the International Criminal Court. I think that we have demonstrated today, as others have elsewhere, that there is no duplication here, and that a special tribunal will be complementary to the work of the ICC. With that in mind, I look forward to the UK Government being a strong voice in support of a special tribunal that will be as international in character as possible.

Question put and agreed to.

Resolved,

That this House has considered the potential merits of a special tribunal on Ukraine.