Slovakia rejects special tribunal on Russia without explanation

BRATISLAVA – Slovakia remains silent on why – as one of only two EU members – it did not back a tribunal to prosecute Russia for aggression, despite its frequent calls that international law must be upheld, prompting criticism from legal experts and the opposition.

Earlier this month, 42 countries signed a declaration in Lviv supporting the creation of a special tribunal to prosecute Russia for aggression against Ukraine. From the EU, only Slovakia and Hungary declined to join.

Position of Bratislava is all the more notable as Fico’s government has repeatedly condemned Russian aggression as a “flagrant violation of international law” and insists that international law must be upheld in every case.

A group of 31 Slovak legal experts this week urged the government to reconsider their opposition to the tribunal. In an open letter, they warned that accountability under international law is “crucial to preventing atrocities” and serves Slovakia’s long-term interest.

But the government has not responded to the appeal nor explained its stance.

Repeated requests for comment by Euractiv were ignored by the Government Office, the Smer-SD and Hlas-SD ruling parties, and coalition politicians — some of whom express support for Ukraine.

Only MEP Branislav Ondruš (Hlas-SD/NI) commented, calling the tribunal “redundant” since the International Criminal Court (ICC) already exists to prosecute crimes such as aggression and genocide.

However, this is misleading: the ICC lacks jurisdiction over Russia’s aggression, as Moscow withdrew from the Rome Statute after annexing Crimea.

Ondruš also argued the tribunal would “deepen the rift in relations with Russia” and prevent achieving peace. He also accused supporting countries of “hypocrisy”, citing their alleged ‘ignoring’ of aggression by Israel and Turkey.

On the other hand, Ivan Korčok, former foreign minister and opposition politician from Progressive Slovakia, disagrees. He told Euractiv that there is “no reason” to oppose the tribunal and called Fico’s government’s stance a “textbook case” of double standards on international law.

Roman Mikulec, opposition MP and former interior minister (Slovensko), also criticised Slovakia’s stance, calling it “another disgrace for the country.”

“They refuse to support a tribunal for prosecuting the crime of aggression. Why? Because that’s what Putin wanted from Fico?” he asked in a Facebook post.