Amélie BEAUCHEMIN reminds us that the chosen form of justice for the first trial of Russian nationals, i.e. ordinary justice, makes it possible to guarantee the rights of the accused as well as possible, in spite of the speed of the opening of the trial and its concomitance with the conflict. The media pressure surrounding this trial obliges the Ukrainian institutions to respect the rules of law. More than the value of this trial as an example, it is its symbolic significance and of the use of the law by Ukraine, which is waging a veritable lawfare, that is striking here.
The ability of Ukraine to judge this Russian soldier explains why it is not the ICC that is handling the case, the jurisdiction of this court being by nature subsidiary. The cooperation of the ICC and other states in the collection of evidence remains essential.