Lithuania's statement at the General Assembly of the Organization of American States calling for the establishment of a tribunal for the crime of aggression against Ukraine
Lithuania as a Permanent Observer at the Organization of American States (OAS) is taking part at the 53 Regular Session of the General Assembly (GA) of the OAS on June 21-23 in Washington, DC. Lithuania presented a written statement to the GA that encourages all OAS members and observers to support the initiative to establish the Special International Tribunal for the Crime of Aggression against Ukraine. The Organization of American States is the world’s oldest regional organization, dating back to the First International Conference of American States, held in Washington, D.C., from October 1889 to April 1890. That meeting approved the establishment of the International Union of American Republics which eventually evolved into OAS when in 1948 with the signing in Bogotá, Colombia, of the Charter of the OAS. The Organization was established in order to achieve among its member states—as stipulated in Article 1 of the Charter—"an order of peace and justice, to promote their solidarity, to strengthen their collaboration, and to defend their sovereignty, their territorial integrity, and their independence." Today, the OAS brings together all 35 independent states of the Americas and constitutes the main political, juridical, and social governmental forum in the Hemisphere. In addition, it has granted permanent observer status to 70 states, as well as to the European Union. The Organization uses a four-pronged approach to effectively implement its essential purposes, based on its main pillars: democracy, human rights, security, and development.
Lithuania‘s Statement at the 53nd General Assembly of the Organization of American States
June 21-23, 2023, Washington, DC
Lithuania highly values cooperation of the Organization of American States with its permanent observers on human rights, democracy, development cooperation and regional security issues.
Since February 24, 2022 we continue to witness Russia‘s brutal and unprovoked aggression against Ukraine. This aggression has horrified the world by outright violation of the United Nation’s Charter and by absolute disregard of the fundamental principles of international law that are meant to govern the conduct of war, protection of civilians and other most vulnerable groups.
Lithuania appreciates that most of the OAS Member States voted in favour of the United Nations General Assembly resolutions with regard to Russia‘s aggression against Ukraine. We see the affirmative voting as yet another proof of respect for UN Charter and international law.
In this context, Lithuania also commends the decision adopted by the OAS Permanent Council in April last year by which the status of the Russian Federation as a Permanent Observer to the Organization of American States was immediately suspended.
This step was taken following the reports of the terrible atrocities committed by Russian armed forces in Bucha, Irpin, Mariupol and in other Ukrainian towns, and at the Kramatorsk train station. We have all been shocked by the atrocity crimes that have been committed by Russia in Ukraine. The deliberate destructions of civilian infrastructure and the environmental damage caused by Russia - most recently by destroying the Nova Kakhovka dam - cannot escape judicial assessment. It is crucial to ensure that there is no impunity for these crimes, that perpetrators do not go unpunished and that victims of these crimes are not left without justice.
In this regard, we welcome the issuance of the arrest warrant (for the war crime of unlawful deportation of children and their unlawful transfer from occupied areas of Ukraine to the Russian Federation) by the International Criminal Court against Vladimir Putin as a very important step in defence of international humanitarian law and towards ensuring full accountability of all Russian perpetrators for serious violations of international law. Nevertheless, the deportation of children is only one of many criminal deeds by Russia’s political and military leadership in Ukraine, all of which stem from “a mother of crimes” - the crime of aggression as it is defined by the Rome Statute of the International Criminal Court.
Emphasizing that the International Criminal Court as the world’s first and only permanent international criminal court, has a vital mandate to hold perpetrators of the most serious crimes to account and to provide justice for victims, we have to admit that the Court does not have jurisdiction to prosecute the crime of aggression in Ukraine. To close this jurisdictional gap, Special International Tribunal for the Crime of Aggression against Ukraine has to be established to ensure that Russia’s political and military leadership is held accountable for the crime of aggression. It should complement the role of the International Criminal Court as regards the crime of aggression and work hand in hand.
The UN General Assembly Resolution recommending conclusion of the treaty between the United Nations and Ukraine would bring a global legitimacy to the Special Tribunal which would ensure that Russia’s political and military leadership is held responsible for the crime of aggression.
The OAS Member States are at the forefront on international criminal justice as the great majority are parties to the Rome Statute of the International Criminal Court. Moreover, some members are already actively engaged in the discussions on the accountability for the crime of Russia’s aggression against Ukraine.
Lithuania encourages all the Member States of the Organization of American States and Permanent Observers to the Organization to support the initiative to establish the Special International Tribunal for the Crime of Aggression against Ukraine.
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