No peace without justice?: The motivations of The Netherlands for hosting a special tribunal for the crime of aggression by Russia

The war between Russia and Ukraine that started in 2022 came as a shock to most of the world. While the war is still in progress, attempts to prosecute the aggressor have already been set in motion. The crime of aggression, which refers to Russia initiating the war, currently falls outside of the prosecuting options within international law. Therefore, the idea was created to set up an ad-hoc criminal tribunal to prosecute Russia’s high officials for starting the war. This thesis examines the factors that influenced the Dutch government’s offer to host a potential criminal tribunal to hold Russia accountable for the crime of aggression. Government documents, policy reports and literature on the interplay between international law and international relations were analysed and provided a basis for the semistructured interviews. The interviews with government officials and professors in international law and foreign policy show that there are multiple factors that influenced this offer...Show moreThe war between Russia and Ukraine that started in 2022 came as a shock to most of the world. While the war is still in progress, attempts to prosecute the aggressor have already been set in motion. The crime of aggression, which refers to Russia initiating the war, currently falls outside of the prosecuting options within international law. Therefore, the idea was created to set up an ad-hoc criminal tribunal to prosecute Russia’s high officials for starting the war. This thesis examines the factors that influenced the Dutch government’s offer to host a potential criminal tribunal to hold Russia accountable for the crime of aggression. Government documents, policy reports and literature on the interplay between international law and international relations were analysed and provided a basis for the semistructured interviews. The interviews with government officials and professors in international law and foreign policy show that there are multiple factors that influenced this offer. It was found there is a strong relationship between the history of the Netherlands and the foreign policy identity that exists today. The focus on accountability and the fight against impunity strongly influenced the Netherlands’ commitment to aiding the international community, by focussing on their specialty: hosting an international tribunal. The most important factor that could be identified which influenced the offer is the aspiration of the Netherlands to project a foreign policy identity that is linked to hosting international tribunals.Show less

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No peace without justice? The motivations of The Netherlands for hosting a special tribunal for the crime of aggression by Russia