EU chief proposes special court for Russian war crimes

European Commission president Ursula von der Leyen suggested creating a special international court to probe Russian actions in Ukraine and using frozen Russian assets to help rebuild the nation.

The head of the EU’s executive arm said on Wednesday the bloc would seek global support for a “specialised court backed by the UN to investigate and prosecute Russia’s crime of aggression”. The aim would be to tackle crimes that would not fit under the mandate of the International Criminal Court.

“Under certain conditions, an ad hoc international tribunal for the crime of aggression may allow for the prosecution of the top Russian leaders who would otherwise enjoy immunity,” the commission said in a legal analysis. “It could be based on a multinational treaty among supporting states, and its international character could be strengthened further with a UN mandate calling for its establishment.”

In a video address on Twitter, Von der Leyen said the bloc would “find legal ways” to use money seized from Russia to help fund Ukraine’s reconstruction. The EU has blocked about €300bn in Russian central bank reserves and frozen €19bn in assets held by sanctioned Russian businessmen, though these estimates are not complete.

She said the bloc would seek to create a structure to manage the funds, invest them, and use the proceeds to benefit Ukraine.

EU lawyers had been asked to look at different legal options for using Russian assets frozen by its member states. Using Russian central bank assets would not be easy, but it is doable with the strong backing of the international community, said EU officials who requested anonymity to discuss technical details. Even so, any such decision could have risks for financial stability and would require careful consideration, the officials added.

“It could be explored with international partners that have adopted similar sanctions whether an active management of frozen and ‘immobilised’ assets — in particular of liquid assets of state-owned enterprises and of the Russian Central Bank and affiliated entities — could be put in place under the Common Foreign and Security Policy, aiming at ensuring a stable and fair net return to be used, as external assigned revenue, to finance the reconstruction of Ukraine,” the commission wrote in a legal paper.

“To that effect, appropriate financial instruments would need to be set up, preferably at international level.”

It is unclear whether the US or other allies would take part because confiscating central bank assets is a potential legal minefield.