Browsing by Subject "kansainvälinen julkisoikeus"

This thesis presents an analysis of the arguments in favor of setting up a special tribunal for the crime of aggression by Russia in Ukraine. The thesis utilizes discourse analysis to study why a special tribunal for the crime of aggression has been suggested as the solution to this particular case, bearing in mind the fact that the crime of aggression has received little support in the decades and conflicts since World War II. The thesis studies accounts according to which the special tribunal should be set up because of the nature of the invasion, because of the universal support received by the special measures, and because of the ability of the special court in promoting ending impunity for leadership-level offences in international criminal law. The thesis argues that rather than the arguments proposed, the special tribunal would succeed only in providing an extraordinary solution that would not affect the status quo of the law regarding the crime of aggression, while providing a sense of retribution towards the Russian leadership. The thesis concludes that while it is fundamental that the Russian perpetrators be investigated and prosecuted for their crimes against Ukraine and the Ukrainian people, doing so in a special court, rather than the permanent International Criminal Court would only provide an exceptional solution with no avenue for ending impunity for the crime of aggression in future conflicts to come.