A special tribunal to prosecute the crime of aggression against Ukraine is set to be established under the framework of the Council of Europe in 2025.
This decision follows the approval of the tribunal’s draft statute during the 13th meeting of the Core Group, a coalition of states working on its creation. The meeting, held in Brussels on 3-4 February, resulted in an agreement to launch the tribunal through a bilateral arrangement between Ukraine and the Council of Europe.
A European official who participated in the discussions confirmed that the tribunal will operate on the basis of an enlarged partial agreement. This mechanism allows other states to join the initiative, providing an international dimension to the tribunal’s jurisdiction.
The final decision on its establishment is expected to be announced during the 14th and concluding meeting of the Core Group, scheduled to take place in Kyiv in April 2025.
Structure and Legal Basis of the Tribunal
The tribunal’s legal foundation will be similar to that of the Register of Damage caused by Russia’s invasion of Ukraine, which was established as a joint initiative of the Council of Europe and Ukraine. The register, which documents losses incurred by Ukraine due to Russian aggression, is intended to serve as a key component of a broader reparations mechanism. To date, 43 countries and the European Union have joined the initiative, setting a precedent for international cooperation in addressing the consequences of the war.
The special tribunal will operate under a bilateral agreement between Ukraine and the Council of Europe, ensuring that it functions within a recognised international legal framework.
The enlarged partial agreement model, which has been used in previous Council of Europe projects, will allow other states to participate without requiring universal consensus. This approach is intended to provide a legal pathway for prosecuting Russian officials, including President Vladimir Putin, for initiating and conducting the war against Ukraine.
A senior European official involved in the negotiations explained that the primary objective of the tribunal is to address the crime of aggression, which is defined under international law as the planning, initiation, or execution of an act of aggression that constitutes a manifest violation of the United Nations Charter.
The official noted that this tribunal will focus specifically on the political and military leadership responsible for the invasion of Ukraine, distinguishing it from existing legal mechanisms such as the International Criminal Court, which prosecutes war crimes, crimes against humanity, and genocide.
Political and Diplomatic Developments
The creation of the tribunal has been a subject of discussion among European and international policymakers since 2022, but for an extended period, efforts to establish a concrete legal framework had stalled. Over time, the coalition of states supporting the tribunal reached an agreement on its jurisdiction, procedural structure, and enforcement mechanisms. The Core Group has also developed a detailed roadmap outlining the steps necessary to operationalise the tribunal.
During the Brussels meeting, the significance of the Council of Europe’s role in this initiative was emphasised by the presence of Secretary-General Alain Berset. His participation highlights the institution’s commitment to advancing legal accountability for Russia’s actions.
Berset engaged in high-level discussions with European Commissioner for Budget and Administration Michael McGrath, EU High Representative for Foreign Affairs and Security Policy Kaja Kallas, and Deputy Head of the Ukrainian Presidential Office Iryna Mudra. These talks focused on the legal and procedural aspects of the tribunal’s establishment and the next steps required to secure its implementation.
The formal establishment of the tribunal requires a resolution from the Committee of Ministers of the Council of Europe. According to European officials, this decision is expected to pass with relative ease, as it requires only a two-thirds majority. Once the resolution is adopted, the tribunal’s structure will be finalised, and the enlarged partial agreement will be opened for other states to join.
Next Steps and Prospects for Implementation
The final stage in the tribunal’s creation will take place in April 2025, when the 14th and final meeting of the Core Group will be held in Kyiv. At this session, the tribunal’s statute will be officially approved, and a formal announcement will be made regarding its launch.
The Kyiv meeting is expected to serve as a platform for outlining the tribunal’s operational framework, including the selection of judges, the definition of jurisdictional procedures, and the mechanisms for enforcing its rulings.
While the establishment of the tribunal represents a major step in holding Russian leadership accountable for the full-scale invasion of Ukraine, challenges remain in securing broad international recognition and cooperation. Some countries may hesitate to participate due to political considerations, and questions regarding enforcement mechanisms and the tribunal’s authority over Russian officials remain open.
Nevertheless, the initiative marks a significant development in the international legal response to Russia’s aggression, reinforcing the principle that violations of international law will not go unpunished.
The tribunal’s creation is part of a broader legal and diplomatic effort to ensure justice for Ukraine. In addition to ongoing investigations by the International Criminal Court and other legal bodies, the establishment of a dedicated tribunal for the crime of aggression sets a precedent for future conflicts and strengthens international legal norms against unlawful military action.
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