Legitimacy of In Absentia Trials for Ukraine Aggression Tribunal

Preparations are advancing for the Special Tribunal for the Crime of Aggression against Ukraine (STCA), established in The Netherlands to prosecute senior Russian officials. However, the inclusion of in absentia trials in its Statute has drawn criticism from NGOs like Amnesty International, who label it a regressive development. This article argues that such criticism overlooks modern realities and international legal nuances. It contends that in absentia trials are legitimate under international law if defendants are properly informed and retain the right to a retrial in person. The author suggests that historical objections to these trials stem from an era with limited cross-border crime and poor communication capabilities. Today, digital communication and global tracking make effective notice and legal representation feasible. Therefore, prohibiting in absentia trials effectively allows accused individuals to veto justice by fleeing. The piece advocates for recalibrating the balance between the rights of the accused, victims, and society, asserting that contemporary tools ensure fairness while preventing impunity for high-level aggression crimes.