International Special Tribunal: Ukraine

Layla Moran Excerpts

Tuesday 3rd September 2024 Westminster Hall

[Layla Moran (Oxford West and Abingdon) (LD)]

It is a pleasure to serve under your chairmanship, Mr Efford. I thank my hon. Friend the Member for Honiton and Sidmouth (Richard Foord) for securing this important debate. The fact that it is the second time in a year that he has brought the issue to the House, and his first Westminster Hall debate in this Parliament, shows his and the Liberal Democrats’ commitment to Ukraine, which is unwavering, as is that of the entire House.

Like Members from all parties, I have been appalled by the violence and devastation that we have witnessed on our doorstep since Putin’s illegal invasion. Homes, schools and hospitals have been destroyed by Putin’s bombs. Communities have been turned into war zones. Although the conflict has faded from the headlines somewhat, the war wages on. Just one week ago, Ukraine was subject to an enormous air attack, with Russia launching 127 missiles and 109 attack drones overnight and into Monday morning. At least seven people were killed and dozens were wounded. The attack appeared to target Ukraine’s energy infrastructure. Ukrainian MP Kira Rudik, a member of our sister party Holos, raised concerns that Russia

“keeps bringing us closer and closer to that total blackout.”

She says that homes in Kyiv do not have electricity for the majority of the day and people are really worried about how they will get through the winter.

It is clear that Russia’s aggressive actions in Ukraine are dangerous and destabilising. Its war is illegal and it continues to press forward with egregious breaches of international law, so I am pleased that my hon. Friend the Member for Honiton and Sidmouth has raised the potential for a special tribunal on the crime of aggression. Human rights and the rule of law are at the core of Liberal Democrat values. Where there are breaches of international law, it is right that those responsible are held to account without fear or favour.

A crime of aggression consists of

“the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression”.

In the case of Russia’s actions in Ukraine, there is clearly a case to answer. The Liberal Democrats wholeheartedly back our international institutions like the International Criminal Court and the International Court of Justice. Their processes and judgments should be supported.

[Stephen Gethins (Arbroath and Broughty Ferry) (SNP)]

I thank the hon. Lady for taking my intervention and pay tribute to the hon. Member for Honiton and Sidmouth (Richard Foord) for securing this important debate. Does the hon. Lady agree that the international rules-based system has a crucial role to play and that, today of all days, the appalling attack on Poltava underlines the need for a tribunal?

[Layla Moran]

There is nothing in what the hon. Gentleman said to disagree with. The world is a tumultuous place and it has never been more important to have a strong international rules-based order. Right now, it feels very rickety. A special tribunal is another way in which we can show that the international community can act in concert to bring perpetrators of injustices to account.

As my hon. Friend the Member for Honiton and Sidmouth said so clearly, the courts are restricted in the case of the crime of aggression in Ukraine. As neither Ukraine nor the Russian Federation is party to the Rome statute, the court cannot exercise jurisdiction in the case of the crime of aggression. Given Russia’s membership of the Security Council, it would veto any efforts of that council to refer it to the court.

A special crimes tribunal would allow those responsible to be held accountable for their crimes and not escape international justice through legal loopholes. The fact that Ukraine supports a special tribunal should be reason enough to pursue one. President Zelensky said:

“If we want true justice, we should not look for excuses and should not refer to the shortcomings of the current international law, but make bold decisions that will correct the shortcomings of those norms”.

The Liberal Democrats were pleased to see the previous Government join the core group dedicated to achieving accountability for Russia’s aggression against Ukraine back in 2023, but there has been slow progress since then. Perhaps most concerningly, a lead King’s counsel suggested earlier this year that politicking within the ICC itself was halting the process. Philippe Sands KC, a leading advocate of an international tribunal, said it was

“so sad the institution that seems most opposed to this idea is the ICC in the form of its prosecutor and some of its judges. This is not an issue of principle for them, but an issue of turf.”

I sincerely hope that he is wrong in that assessment and that they will not stand in the way—nor, indeed, should anyone else. I am interested to hear what the new Minister has to say about the Government’s position and exactly what steps they are taking at a diplomatic level to advance the progress of a special tribunal.

Putin underestimates the brave resistance of Ukrainians and their commitment to their democracy, their liberty and their country. As Putin redoubles his efforts to attack Ukraine, so too must we redouble ours to stand in their defence. The spectre of a second Trump presidency has Putin rubbing his hands together. We only have one option: to stand with our Ukrainian allies as they seek to bravely resist Russia’s illegal invasion. That means working with international partners to establish a special tribunal to make sure that Putin is held to account for his crimes. As the new Government look to re-establish Britain’s place on the world stage, this is a golden opportunity to show the rest of the world that when we stand up for international law, we mean it.

--- Later in debate ---

[Jim Shannon]

My hon. Friend always speaks words of wisdom, and those words are appropriate for where we are. I am not smarter than anybody else—I never profess to be—but many of us at that time thought we needed to stand up to what was happening in Crimea. We did not. I am not blaming anybody for that; it is just a fact of where we were. If we had done it then, the attacks in Donbas would not have happened with the same level of ferocity. We need to be clear on where we stand and what we are trying to do.

Like others, I have a thriving Ukrainian population in my constituency. The previous Government’s policy of letting in Ukrainians was very clear; I welcome what they did. I am pleased, by the way, to see the Minister in her place, and I look forward to her response. I do not mean to give her a big head, but she has shown a lot of confidence in the Chamber in the last few days and many of us have been impressed by how she has responded to questions. I am also pleased to see the shadow Minister, the hon. Member for Rutland and Stamford (Alicia Kearns), in her place. She and I have been friends ever since she has been here, and we look forward to her contribution.

I am happy to have helped many Ukrainians in my constituency of Strangford with visas for their time staying here, and with jobs and places in school. Ballynahinch high school in Strangford has greatly embraced Ukrainians; it has a class of specifically Ukrainian students coming from families who work in the businesses around Ballynahinch and further afield. It has teachers, classroom assistants and domestic staff from Ukraine. That is what they are doing in Ballynahinch.

I have probably talked to my hon. Friend the Member for East Londonderry about this, but our intention is to have an event in September, or certainly in October if we are spared. The principal of Ballynahinch high school, Paul Marks, wants to organise an event where the chefs will make the meals and the pupils will serve the tables, but the guests will be those of Ukrainian descent living in Northern Ireland. I think it is a great thing to do; I know others have done it across their constituencies. It is a way of encouraging those Ukrainians and showing that they are very much in our thoughts.

I welcome the debate. Again, I thank the hon. Member for Honiton and Sidmouth for bringing it to the Floor to highlight not simply the plight of the Ukrainian people, but the fact that there is an onus on us all to call this issue out for what it is and take the appropriate international steps. The UN General Assembly in 1974 agreed the definition of aggression in article 1—and my goodness, we watch it every day with Russia against Ukraine. It lists some of the acts that could amount to aggression, and we could say that every one of them has happened yesterday in Ukraine or the day before that, because they have. Those acts include invasion, occupation or annexation of another state’s territory, bombardment of another state’s territory, blockades of ports or coasts, and attacks by one armed force against another. Russia is guilty of all those.

It is important to say this sometimes when we are blaming Russia. There are many good people in Russia who do not subscribe to what has happened, but they are not often heard because of the oppression that happens there. Sometimes it is good to remind ourselves that not all Russians are bad.

[Layla Moran]

I thank the hon. Gentleman very much for saying that. I speak to our sister party, Yabloko, on a regular basis using forms of communication that it deems safe at the time. Over and over again, its brave protesters have ended up in jail. Some have had death threats, and they describe their own horror at what Putin is doing. They are keen to say that he does not speak for them but they find themselves completely silenced, so I thank the hon. Gentleman for raising that point. Does he agree that we should do more to raise their voices in this Parliament?

[Jim Shannon]

I do. When the Minister responds, perhaps she can give us some indication of what can be done to help those groups in Russia, as much as we can without drawing attention to them. I am conscious that it is easy for me to comment standing here in Westminster Hall, but if the Russian people we are encouraging take a stand, that may be detrimental to their future wellbeing. I am conscious of what we do, but the Minister may indicate some way in which we can do something.

It is abundantly clear that even in the most broad terms, Russia is guilty of aggression. The question is what we do with that information. This debate is an opportunity to show solidarity with Ukrainians, and to stand alongside Ukrainians both here at home and in Ukraine. Do we continue to sit on the sidelines and direct a few anti-tank missiles their way? The ones that we produce at Thales in Northern Ireland have been to the detriment of the Russian armoury, and they have been effective in every way. What makes them even more effective is that the Ukrainians have been able to adapt those weapons to take the threat and the battle straight to Russia.

I have had the opportunity, together with my right hon. Friend the Member for Belfast East (Gavin Robinson), to visit Thales—I know that we cannot talk about some of the things we were told, so I am not saying them. However, we can see, through their bravery and courage, what the Ukrainian soldiers can do with the right weaponry. So do we send another aid package, which will help in the short term but will not end this aggression? Or do we step up and stand with the Ukrainians to push back against the actions of Putin and his regime, and allow the country to rebuild?

Along with others in this House, and as a Christian, I regularly pray for the Ukrainians, and pray that God will deliver them. Simply put, I believe that that can happen, and that is why we lift those prayers to the God who answers them. I am always minded of the story in the Bible of David and Goliath; I suggest that Ukraine is clearly the David and Russia is clearly the Goliath—and we know what happened in that battle. We pray that this battle will be one that Ukraine will win.

It has long been my opinion that we should be doing more. That is not a criticism of anybody—I do not mean it that way. I just mean to ask: what more can we do? I believe there are things we can do collectively. We can encourage the Minister, our Government and our Prime Minister to take the stand that the Ukrainians wish us to take. I believe we should be doing more, and I will use the debate introduced by the hon. Member for Honiton and Sidmouth to hammer home that point.

If we have an international tribunal to report what we already know to be true, it follows that we must do more than what we are doing. I am minded also of the genocide that Russian soldiers have carried out against the Ukrainians—the murder of innocent people—as well as the sexual abuse of many women and young girls. I actually find it quite difficult to even imagine—indeed, I do not want to imagine—some of the things that have happened. Abuse has been carried out against children as young as eight and women as old as 80 by Russian monsters; that is what they are.

Like the hon. Member for Honiton and Sidmouth, I want there to be accountability. That is what everyone across this House asks for today: to have that accountability. Whoever those people are and wherever they want to hide, there will be no hiding place for them if we have anything to do with it.

I make this plea also as chair of the all-party parliamentary group for international freedom of religion or belief. I have done it before—I did it way back at the time of Crimea, because I knew what was happening there. I am a member of the Baptist church, which does not make me any smarter or any better than anybody else, but it does give me access to some of the information that flows back. In the Donbas region, some Baptist pastors have gone missing and churches have been destroyed. There is a catalogue of hate, human rights abuse, physical torture and murder by Russians against people with a different religious viewpoint from that of the Orthodox Church. I am not being critical of those of the Orthodox Church; I am just making the point that there is no accountability. People have gone missing and we do not know where they are; I suspect they are no longer in this world. Again, that underlines that Russia has a lot to answer for.

It follows that the international community must determine together that the days of sitting on the sidelines are done and that attempts not to anger Putin must end. Putin must understand that his attempted invasion of Ukraine has failed and that he must withdraw his troops. His people must look to rebuilding their own nation, which he has ravaged with this war. It is not only the Ukrainians who deserve peace, as the hon. Member for Oxford West and Abingdon (Layla Moran) said in her intervention—let us remember that the good people of Russia also deserve that. We must help them to achieve it as well. If there was a change of Government in Russia, it would undoubtedly bring peace within the region and let people have a life again.

In conclusion, I welcome this debate. More than that, I would welcome a determination by the UN. With every single ally determining that such action is taken, the message sent to China, North Korea and any other despotic regime would be that the UN is not a talking shop. Their guilt will make them accountable. I support the people of Ukraine and of Russia, and the motion we are debating. Let us call this what it is, and get the work that needs to be done finished—the quicker, the better.