러시아-우크라이나 침략범죄 특별재판소 설립에 관한 국제법적 쟁점과 함의

Abstract

While Russia's invasion of Ukraine is widely considered an illegal act of aggression, there has been controversy surrounding how to pursue accountability for individuals who are most responsible for aggression. The International Criminal Court lacks jurisdiction in this matter, and domestic courts do not provide promising avenues since they are subject to rules of immunity under international law. Therefore, various states, including the US and many European states, and Ukraine have been advocating for the establishment of a special tribunal for crimes of aggression related to Russia's invasion of Ukraine, either based on Ukraine's domestic judicial system or the UN General Assembly's recommendation. This article explores various international legal issues relating to different approaches to holding Russian aggressors accountable. Ultimately, it seeks to identify the best options available to the international community, especially to states in the Global South and East, in light of not only addressing the current demands for accountability but also for more universal and fair criminal justice mechanisms for the future.