Justice Switzerland wants to give the criminal court in The Hague more powers
Russian President Vladimir Putin should also be able to be tried in office for the crime of aggression. To this end, an expansion of the International Criminal Court's jurisdiction is being discussed in New York. Switzerland supports the reform.
07.07.2025, 09:30
SDA
The International Criminal Court (ICC), based in The Hague in the Netherlands, is unable to investigate the alleged crime of aggression against Ukraine by Russia. The reason for this is that Russia has not ratified the Rome Statute and therefore does not recognize the ICC.
With a revision of the Rome Statute, it should be possible to prosecute the crime of aggression if it was committed on the territory of a member state of the ICC. This would put it on an equal footing with genocide, crimes against humanity and war crimes.
Ukraine ratified the Rome Statute in October 2024 and has been a member of the ICC since January 1, 2025, according to the court's website.
Discussions in New York
A special session to review the amendments to the crime of aggression will take place in New York from Monday to Wednesday. The states parties - of which Switzerland is a member - will discuss and decide on proposed amendments at the three-day session, an ICC spokesperson told the Keystone-SDA news agency on request.
Switzerland supports the amendments, as was reported in a statement issued by the Swiss government on June 24. It also called on all states parties to the Rome Statute to take part in the special session.
According to the ICC spokesperson, a two-thirds majority of the member states present is required for a revision. However, every effort should be made to reach a consensus decision.
Criticism of the Council of Europe's special tribunal
The Council of Europe is pursuing similar efforts. At the end of June, its Secretary General Alain Berset signed an agreement with Ukrainian President Volodymyr Selensky for a special tribunal for the crime of aggression against Ukraine.
The member states of the Council of Europe had previously authorized the Secretary General with a corresponding mandate. In its published statement, Switzerland supported the endeavor. However, it expressed concerns regarding three points.
It regretted that the special tribunal would not be able to prosecute persons in office. Furthermore, the tribunal would not meet established international standards, such as guaranteeing the independence of the public prosecutor's office and conducting court proceedings in the presence of the accused, according to the statement.
By agreeing to the special tribunal, Switzerland wanted to send the message that impunity was not an option for the crime of aggression. Whether Switzerland would participate in the court would be decided at a later date.
ICC already issued arrest mandate against Putin
The ICC has had an arrest warrant for Putin since March 17, 2023. He is accused of having committed alleged war crimes in Ukraine as a commander. He is alleged to have unlawfully deported children and unlawfully transferred people from Ukraine to Russia.
The court also issued an arrest warrant for the Russian child representative Maria Lvova-Belov for the same alleged crime. A total of six arrest warrants were issued against Russian officials responsible for the war in Ukraine, including the now departed Defense Minister Sergei Shoigu and Chief of the General Staff Valery Gerasimov.
At that time, Ukraine had not yet ratified the Rome Statute. The basis for the arrest mandates was a declaration by Ukraine, which authorized the ICC to carry out its activities on Ukrainian territory for war crimes, crimes against humanity and genocide from February 2014.
