It is a pleasure to serve under your chairmanship, Mr Efford. I thank the hon. and gallant Member for Honiton and Sidmouth (Richard Foord) for securing this important debate. I was grateful for his co-operation in the previous Parliament on not only Ukraine but the Balkans, which is an area of particular interest to us both.
I am proud that, over the past few years, the UK has consistently led international efforts to support Ukraine. In government, the Conservative party made sure that we were the party that stood behind Ukraine and was its first port of call. In opposition, we will continue in that spirit of the UK being Ukraine’s safe harbour. Whether on pursuing justice through international tribunals, seizing Russian state assets, supporting the ICC in its investigations, enforcing sanctions, or ensuring that Ukraine has the weaponry it requires to win, the UK must continue to lead.
However, I will start on a disappointing note. I was heartbroken to hear President Zelensky say that Britain’s leadership on Ukraine has slowed down. It is vital that the new Government demonstrate the same commitment that we did; they must be resolute. It is extraordinary for another world leader to criticise the UK or to criticise any partner publicly. His words were that the UK had demonstrated
“true leadership—in arms, politics, and support for Ukrainian society”,
which had “saved thousands of lives”, but that that had now “slowed down”. The Government will have the full support of everyone on the Conservative Benches and, indeed, of the party of the hon. Member for Honiton and Sidmouth—if they step back up to the plate. We cannot have our greatest ally question our support in any way at this time. Conversely, although the Government will have our full support if they do that, we will provide full scrutiny should such support slip.
I welcome today’s contributions by the hon. Member for Oxford West and Abingdon (Layla Moran), who made a similar point, and the hon. Member for Strangford (Jim Shannon). They have both been consistent in their support for not only Ukraine but human rights around the world.
A special tribunal on Russia’s crime of aggression would formalise Russian culpability for the invasion of Ukraine. It would prevent Putin from embedding his counterfactual narrative in history, which we should be in no doubt is what he is seeking to do. It would ensure that the brave women, men and children of Ukraine—such as Nika, from my team, who joins us in the Public Gallery—do not suffer from Russia’s attempts to rewrite their history and eradicate their truth. It would give survivors their day in court, showing beyond doubt that the world cares and listens, and that they will be heard. It would also demonstrate—as the hon. Member for Honiton and Sidmouth said—that even members of the UN Security Council are not immune from international law.
The moral case for seeking justice for Russia’s crime of aggression is indisputable, and the Government’s role is to find the legal means to deliver that. None of us should pretend it is easy; it is not, and the G7 countries have grappled with finding a way to deliver it. The crime of aggression was adopted into international law by the UN General Assembly in 1971. As the hon. Member for Strangford set out, the definition agreed by the UN makes it clear that there is a clear case for Russia to answer. Rather than repeating the list that he provided, I will just add a couple of points. The sponsorship of armed irregulars since 2014—the so-called “little green men” in Donbas—is an additional reason to bring a case against Russia. There is also a case against Belarus for allowing the use of its territory as a launch pad for the invasion.
Why a special tribunal? As the hon. Member for Oxford West and Abingdon stated, neither Ukraine nor Russia is a party to the Rome statute, meaning that the ICC cannot prosecute Russia for its acts of aggression, unlike in relation to other areas, such as Putin’s abduction of Ukrainian children. Ukraine is clear that the world must devise an alternative legal route for justice. As the initial crime led to all subsequent atrocities, ensuring accountability for it is key.
Likewise, we need to demonstrate flexibility and a determination to guarantee accountability for crimes, both to deter future breaches of international law and to strengthen it in an increasingly dangerous world. Ukraine and the principle of justice demand a solution, and the Conservative Government devoted a huge amount of time and energy to trying to deliver one: the UK is part of the core group of 40 states working on a deliverable form of tribunal; we led on the G7 proposals for a hybrid tribunal, which would solve some of the issues to do with immunity and legitimacy; and as the hon. Member for Honiton and Sidmouth said, there was a special conference in London on the topic of the special tribunal, where I contributed to the published communiqué.
The moral case for a special tribunal is clear and has a firm basis in international and UK law, and the previous Conservative Government led efforts to find a solution, but that was not straightforward. We now need to hear how this Government intend to carry on that important work. Ukraine has made it clear that a special tribunal with elements of international involvement is not possible on its territory without changes to its constitution, and it cannot deliver that during a time of martial law. Likewise, the conventional route of establishing a special international tribunal through the UN Security Council is blocked, due to Russia’s veto. Finally, a tribunal must find a form that allows Russia’s leadership to be tried in absentia—to the conversation that took place in this debate about individual culpability—and the diplomatic immunities given in domestic courts must be dealt with.
There have been suggestions about holding the tribunal in a third country, and the Dutch Government have now stepped forward and reportedly expressed their willingness to host this special court. Given that the Netherlands has a long history of hosting international human rights courts, that would seem an intelligent and practical option, but it still requires an international mandate. As Foreign Secretary, Lord Cameron supported the Council of Europe’s work to establish a viable special tribunal in co-operation with Ukraine. Today, I urge the UK to lobby for a vote at the UN General Assembly in September to establish a special tribunal in a third country, in conjunction with the Netherlands.
Holding Russia accountable for the crime of aggression is vital, but it requires imagination and drive in the face of deeply complex legal questions. As the war approaches its third year, the form of a viable tribunal appears to be taking shape: a special tribunal, held in a third country, established by a treaty between the Council of Europe and Ukraine, and supported by a wider membership in the UN General Assembly. That is the best route to justice. The previous Government’s work got us to this point and we sincerely hope the current Government maintain the focus necessary to finish the job.
Turning to my questions, I want to ask first for an update on any discussions held with my friend the prosecutor general of Ukraine, Andriy Kostin. Has the Minister for Europe held discussions with his Ukrainian counterpart on establishing the tribunal? Do the Government support a special international tribunal held in a third country? Can they update us on any progress made by the Council of Europe on agreeing a format? What conversations are the Government having with non-European partners to secure their support for an international tribunal? What form do the Government see as best placed to solve the diplomatic immunity issues regarding Russia’s leaders? Finally, will the Minister confirm that strong representations will be made to Mongolia following its failure to arrest President Putin when he was on its soil this week?
The crime of aggression is clearly defined in international law. It includes supporting irregular forces against a state, bombardment, invasion, occupation and annexation. It is the original sin from which all of Russia’s other crimes have come and it must now be tried. A special tribunal could determine formally that Russia committed an act of aggression against Ukraine, a peaceful neighbouring state. That would cement truth into history and block Putin’s revisionist nonsense from taking root. Truth is fundamental to the future, and atrocity denial is a deliberate attack on victims and survivors. Ukrainians know that more than most, having endured years of the Holodomor denial under the Soviet Union and the continued lies by Russia. Putin understands the power of narrative and deliberately uses a warped past as a weapon to justify present wrongs. The impetus for a special tribunal on Russian aggression is therefore clear but, yes, the legal route is complex.
The Conservatives’ work in government, with support across the House and in partnership with our allies, has brought us close to a solution. We now need to see it delivered for every Ukrainian who has suffered, for the victory of right over wrong, and to set a precedent to deter other oppressor states from their own acts of aggression. I again thank the hon. Member for Honiton and Sidmouth for calling this important debate. I genuinely wish the Minister every success in these efforts. These issues are complex and thorny, but we finally have a way ahead, and it seems that there is international consensus.