Efforts to establish a special tribunal to hold Russian leaders accountable for the crime of aggression in Ukraine are causing a divide between the Group of 7 (G7) countries and their European allies. The G7, led by the United States, Britain, and France, support an internationalized/national tribunal rooted in Ukraine's legal system, while smaller European nations, such as Liechtenstein and the Baltics, rally behind Ukraine's President Volodymyr Zelensky's vision of a court endorsed by the United Nations General Assembly.

The G7's resistance to a comprehensive tribunal raises questions about whether Ukraine will achieve the justice it seeks. The core group of advocates, led by Ukraine, recently met in Tallinn, Estonia, to discuss the creation of a special tribunal. The G7 countries and the European Union continue to push for an alternative solution, such as a hybrid court. However, Ukraine insists on a full-fledged tribunal to ensure comprehensive justice. The issue of immunity for heads of state, such as Russian President Vladimir Putin, poses a challenge, as they are protected from prosecution by national courts of other countries while in power.

The core group aims to find common ground on accountability but faces divisions on the tribunal's form. The possibility of establishing a tribunal through a General Assembly resolution, backed by a majority of the UN member states, is being considered. However, the G7, led by the US, UK, and France, is hesitant to set a precedent for international prosecution of the crime of aggression. They propose an "internationalized national" court based in Ukraine's domestic system, which faces constitutional limitations and questions of international legitimacy.

The US suggests tabling a draft resolution in the General Assembly after the court's establishment, but doubts remain about the US commitment to such a resolution. The debate over the tribunal's form continues, and the question remains whether the US will prioritize protecting its heads of state from future prosecution at the expense of justice for Ukraine.

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