International Special Tribunal: Ukraine

David Taylor Excerpts

Tuesday 3rd September 2024 Westminster Hall

[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?