HAPPENING AT THE COUNCIL OF EUROPE
STRASBOURG ASKS FOR A LEADING ROLE IN ACKNOWLEDGING RUSSIAN CRIMES IN UKRAINE

The Council of Europe has asked to play a key role in establishing a record to catalogue and document evidence and claims for damages, losses or injuries resulting from the Russian attack on Ukraine. It would seem like a bureaucratic technicality but could instead be the beginning of a process aimed at obtaining justice once the war is over. Indeed, this official list is an important part of international initiatives which work towards instituting a compensation mechanism for crimes related to the aggression against Kiev. The proposal comes directly from the general secretary Marija Pejčinović Burić, who sent an informative document to the governments of the 46 states which form the organization.

The text highlights how the Council of Europe is in an ideal position to be able to lead the project, especially considering the case law of the European Court of Human Rights and its supervision process. In fact, the organization already provides legal and political assistance, training experts and professionals who investigate and work with victims of violence, particularly with women. These and other activities are included in the Council of Europe Action Plan 2023-2026 dedicated to Ukraine.

The document also examines the different options for setting up a special tribunal and the need for a solid legal basis. The secretary general suggests that Strasbourg could assist in the selection and appointment of judges, in drafting rules of procedure and evidence, in providing expertise in managing cases and in sending experts. The organization is also ready to offer its support to the already existing “interim prosecutor’s office” in Ukraine. Furthermore, any activity connected to the Special Tribunal should be coordinated with the mechanisms of the International Criminal Court.

The laws, the commas and the quibbles might be boring if you are not a fan of the genre. But as long as man wishes to live together there is no other way of regulating things. Everything should be agreed before starting yet sometimes it is precisely on closer inspection of the bureaucratic details that the possibility of truly actuating worthwhile initiatives is hidden. This could be one of those cases.