Ireland has been consistent in its support for accountability for those committing war crimes, crimes against humanity and other international crimes during Russia’s illegal and unjustified war of aggression against Ukraine. During Ireland’s two-year term on the UN Security Council, which ended on 31 December 2022, the Council met more than 50 times to discuss the situation in Ukraine following Russia’s full scale invasion. Ireland consistently used its seat on the Council to push for Russia to be held accountable for its actions, that it end the war and withdraw from Ukrainian territory and that it stop its cynical use of the Council and other UN bodies to spread disinformation.
Ireland voted in favour of a UN General Assembly resolution adopted in March, which demanded that Russia immediately withdraw all of its military forces from Ukraine, and a resolution adopted in November, recommending that States establish an international register of damage, loss or injury arising from the internationally wrongful acts of the Russian Federation in or against Ukraine. Ireland also co-sponsored a resolution of the UN Human Rights Council establishing a Commission of Inquiry into alleged violations of human rights and international humanitarian law committed in the context of the Russia’s aggression against Ukraine.
As the first permanent international court with the power to prosecute international crimes, the International Criminal Court has a crucial role to play fighting impunity for atrocity crimes, such as war crimes, that have occurred, and are continuing, in Ukraine. It was for this reason that last March Ireland, along with 42 other countries, referred the situation in Ukraine to the ICC, enabling the ICC Prosecutor to immediately start an investigation.
The Deputy will be aware of the recent decision of the Court to issue arrest warrants for Russian President Vladimir Putin and his Children’s Rights Commissioner, Maria Lvova-Belova, in respect of alleged war crimes related to the unlawful deportation and transfer of children from Ukraine to Russia. Undoubtedly this development reflects the very grave and disturbing nature of the continuing policy of the Russian authorities to remove children from their homes and families in Ukraine. Those responsible for such a policy must indeed be held accountable for their actions.
The Government also supports efforts to ensure accountability of the Russian leadership responsible for the crime of aggression, a crime that is outside the jurisdiction of the ICC’s investigation in Ukraine. For this reason Ireland has joined the Core Group on the establishment of a Special Tribunal for the Crime of Aggression. The Group, which now consists of 33 states, is working through the complex legal and practical issues that arise in establishing a credible, legitimate and effective special tribunal to deal with this crime, and will meet again next month.
In addition, the Government has actively supported the EU initiative to establish the International Centre for the Prosecution of the Crime of Aggression in Ukraine (ICPA) through Eurojust. The establishment of the ICPA will enable investigations into the crime of aggression to progress while discussions continue on the creation of a special tribunal.
The Government will continue to press for accountability for those responsible for the most serious crimes committed in and against Ukraine.
