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New (special) international criminal tribunal for the crime of aggression against Ukraine or "old" paths?

Publication at Faculty of Law |
2023

Abstract

Following the Russian invasion of non-occupied Ukrainian territory commenced on 24 February 2022, the international community began discussing the immunity gap of the International Criminal Court for holding the responsible accountable for the crime of aggression. As a result of these discussions, proposals to create a special tribunal to fill the gap have been suggested.

The pathways discussed gained support by various scholars depending on their effectiveness, probability of functioning, and legal characteristics. This article presents the suggested categories and analyses them based on the mentioned criteria.