Foreign Minister Annalena Baerbock has demanded that Russian President Vladimir Putin be held accountable for the “primal crime” of a war of aggression against Ukraine. Putin doesn’t even stop at the weakest people, “the children,” but brutally includes them in his war of annihilation, said the Green politician in New York at a ceremony marking the 25th anniversary of the International Criminal Court (ICC).
Baerbock accused Putin of deliberately having children abducted and robbed of their identities so that their parents would find it as difficult as possible to bring them back. That’s why she says it’s “so important, especially on the 25th anniversary of the ICC, that we clearly state that we have a loophole in international law.”
Ironically, “in the case of the original crime, the aggressive war,” international criminal law has a gap in which the heads of state and government who waged aggressive wars cannot all be charged. The ceremony was “also an order to further develop international criminal law. Because nobody in the 21st century can wage aggressive wars and go unpunished.”
Baerbock: To do nothing would be wrong
In view of the current lack of majorities for a reform of the Rome Statute as the legal basis for the ICC, Baerbock said: “We have a responsibility to join forces and find ways to close the accountability gap for the original crime (…). .” She added: “If we don’t act, the international community’s response to Russia’s aggression is impunity.”
Foreign Minister: “Germany has a special responsibility”
Baerbock went into detail about the Nazi crimes in World War II. “My country, Germany, has waged inhuman wars of aggression and committed the most atrocious genocide that has killed millions,” she said. “That’s why we have a special responsibility to do our part to ensure that crimes like this never happen again.”
In March, the International Criminal Court issued an arrest warrant against Putin and Russia’s child rights commissioner Maria Lvowa-Belowa for alleged war crimes in Ukraine. They are allegedly responsible for the deportation of Ukrainian children and minors from occupied territories to Russia. In this context, Moscow speaks of evacuations.
The arrest warrant issued by the ICC in March 2023 against Putin was an important sign, praised Baerbock. He “underlines that this brutal war of aggression is being waged first and foremost against the weakest and that the international community is particularly listening to the weakest, children first of all”.
Baerbock to Kiev: Ratify the Rome Statute
The Federal Foreign Minister called on Ukraine to ratify the Rome Statute as the legal basis for the International Criminal Court. “I know how sensitive this issue is,” she said, addressing Ukraine. However, ratification would make it clear that Ukraine is exercising its right to self-defense enshrined in the UN Charter. It is about accountability for political and military leaders who intentionally give orders that violate international law.
Baerbock renewed her proposal for a reform of the Rome Statute – she wants to change it in such a way that the offense of aggressive war can also be prosecuted without restriction. It should be sufficient if the victim state of an aggression falls under the jurisdiction of the court. Currently, only the UN Security Council can refer the case to the court, as neither Russia nor Ukraine are contracting parties. As a permanent member, Russia has a right of veto in the Security Council. The majority needed for reform is not in sight.
Is there a special tribunal for Russia’s crimes of aggression?
Baerbock again supported the proposal to hold the Russian leadership accountable for the aggressive war against Ukraine by means of a special tribunal. Such a tribunal should be based on Ukrainian law. International elements could include a location abroad, international judges and prosecutors, and a supporting UN General Assembly resolution.
