Netherlands offers to host special tribunal for Russian aggression against Ukraine

The Netherlands has formally declared its willingness to host the Special Tribunal for the Crime of Aggression against Ukraine. The Dutch government communicated this offer to the Parliament, stating it will be extended to the Council of Europe once the tribunal is operational. However, this offer is contingent on participating countries fully covering the tribunal's functioning and security expenses.

This move aligns with a request from Ukrainian President Volodymyr Zelenskyy and reinforces the Netherlands' position as a host for international justice institutions, including the International Criminal Court (ICC) and the International Court of Justice (ICJ), both located in The Hague. The proposed tribunal seeks to address a legal void, as the ICC's founding treaty, the Rome Statute, limits its jurisdiction over the crime of aggression when the aggressor state has not accepted its jurisdiction.

In May, 36 countries and the European Union agreed on the framework for the future court. The Dutch government had previously identified a location in The Hague's international zone for the tribunal's initial phase, though its exact location was kept confidential for security reasons. The government is now proposing a streamlined version of the tribunal, excluding a detention center on Dutch territory and minimizing the simultaneous presence of protected individuals like witnesses or high-ranking officials.

According to the Dutch executive, a fully operational tribunal with detention facilities would necessitate the construction of a new, dedicated complex. The letter to Parliament emphasizes that the Dutch authorities' ability to ensure the tribunal's security is a crucial requirement for hosting it. The government insists that costs will be borne by the participating nations and should not permanently burden the Dutch budget, though the Netherlands will contribute to common expenses, having allocated up to 16 million euros annually for this purpose in the Foreign Affairs budget. No other country has yet offered to host the tribunal.