Deputy Minister of Justice of Ukraine Iryna Mudra explained what the russian federation's responsibility for armed aggression in Ukraine may be under current international and national acts.
"A state shall always bear accountability for committing internationally wrong acts against other state or group of states.
Annexing Crimea, launching the armed conflict in Donbass and executing full-scale invasion since February 24, the russian federation violated fundamental principles of international law and international order.
It is completely absurd how russia continues to be a member of global international organizations, especially the United Nations and its Security Council, killing children, women, and men every day in a peaceful democratic European country.
UN Charter is breached. Council of Europe Charter is breached as far as russia was a member state of the Council of Europe at the aggression start.The principles of the Helsinki Final Act of 1975 are violated. These are the principles of observing human rights, territorial integrity of states and non-violation of borders.
For the civilized world, these principles are the sacred basis of the world order.
For russia they are phantom, empty words that do not correspond to the concept of russian terrorism.
The International Humanitarian Law, which is one of the best codified and detailed areas of international law, prohibits murders and sexual violence against civilians, prohibits torture and ill-treatment against prisoners of war and prohibits destruction of private property. All of these have been brutally breached.
Moreover, all these war crimes, crimes against humanity and genocide of the Ukrainian people are combined with direct material damage to the victims.
Therefore, for Russia, along with international criminal responsibility, comes material international responsibility and an undeniable obligation to compensate for all the damages caused.
The most serious international crimes like genocide, crimes against humanity and war crimes fall within the jurisdiction of the International Criminal Court.
Ukraine is actively cooperating with the ICC Prosecutor to ensure effective investigation and accountability of russia.
Since neither Ukraine nor russia have not ratified the Rome Statute of the ICC and Kampala Amendments on the Crime of Aggression to it the ICC lacks jurisdiction to investigate the crime of aggression against Ukraine.
Taking into account the lack of ICC`s jurisdiction and absence of any other existing body of international justice system, Ukraine is working on establishing the Special Tribunal for the Crime of Aggression against Ukraine.
At the same time, the Ukraine Prosecutor General's Office investigates atrocities committed by the russian military under the Criminal Code of Ukraine. Ukrainian courts have already sentenced perpetrators for murder of civilians.
The victims – individuals and legal entities of Ukraine should receive compensation for damages caused by Russian aggression. Right now all the necessary international instruments that Ukraine seeks to create are under development.
Here we face legal challenges connected with jurisdictional immunities of russia and its property. Jurisdictional immunity is the immunity of state and its property from being suited, from pre-judgment and post-judgment measures of constraint.
On the positive side, the restrictive approach to immunity is prevailing in international law. It is that the state and its property are only immune when the state is acting and its property is being used to perform sovereign functions.
In the case of commercial relations, the state and its property do not have immunity.
The concept of restrictive approach to immunity is envisaged in the law of United States, United Kingdom, Canada and other states. Relevant United Nations and the Council of Europe Conventions on the state immunities are based on the restrictive approach to immunity.
Ukraine seeks to adopt a specific law to regulate the issue of jurisdictional immunities of foreign states and their property".