Options for Prosecuting Russian Aggression Against Ukraine: A Critical Analysis

In the wake of Russia’s unprovoked invasion of Ukraine, there is broad consensus - at least in the Global North - that Russian leaders must be prosecuted for the crime of aggression. That consensus, however, does not extend to how Russian aggression should be prosecuted. Some commentators argue that the International Criminal Court (ICC) is the most appropriate forum, even if enlivening the Court’s jurisdiction requires amending the Rome Statute. Others call either for an ad hoc international tribunal similar to the ICTY and ICTR or for a hybrid tribunal based in the Ukrainian judicial system and supported by the Council of Europe. And still others advocate for national prosecutions conducted by Ukraine itself or by third states that have universal jurisdiction over aggression.