BRUSSELS — Progress has been made on a project aimed at establishing a tribunal to hold Russian leaders accountable for the invasion of Ukraine, as announced on Wednesday by various international entities, including the European Union and the Council of Europe, in coordination with Ukraine.
Legal specialists have outlined the framework for the Special Tribunal for the Crime of Aggression against Ukraine, which will enable the prosecution of high-ranking Russian officials responsible for organizing and executing the extensive invasion starting in 2022.
European Commission President Ursula von der Leyen stated, “When Russia decided to push its tanks over Ukraine’s borders, in violation of the UN Charter, it committed one of the most serious offenses: the Crime of Aggression. Justice is on the way.”
The establishment of this special tribunal seeks to address the gap left by the limitations of the International Criminal Court (ICC). Although the ICC, based in The Hague, can prosecute Russian nationals for genocide, war crimes, and crimes against humanity, it lacks the authority to prosecute them for the act of invasion itself.
The Rome Statute, which established the ICC in 2002, includes provisions for the crime of aggression but applies only to nations that are parties to the statute. The Russian Federation is not among these member states.
“We need to address the accountability gap for the crime of aggression immediately. The situation has spiraled into chaos and turmoil,” Ukraine’s Deputy Minister of Justice Iryna Mudra remarked following the announcement.
Since the onset of the conflict, Ukraine has been advocating for the establishment of a special tribunal. “For genuine justice, we should not make excuses or point to the flaws in current international laws; rather, we must take courageous steps to rectify those issues that exist within international law,” remarked Ukrainian President Volodymyr Zelenskyy during a visit to the Netherlands in 2023.
Significant logistical questions remain, including funding and location for the tribunal. The Netherlands, which hosts the ICC and the International Court of Justice among other judicial bodies, has expressed its willingness to accommodate the new tribunal.
This nation also plays host to the International Center for Prosecution of the Crime of Aggression, which assists in collecting evidence for future proceedings and is overseen by Eurojust, the EU’s judicial cooperation agency. Additionally, the Council of Europe has established a register of damages in the Netherlands to help Ukrainian war victims document the financial impact they have suffered due to the conflict.
The tribunal will function under Ukrainian law, which could limit its ability to prosecute the so-called troika—comprised of the head of state, head of government, and foreign affairs minister—who enjoy immunity under international law while in office.
On the other hand, the ICC, which operates independently of such immunity, has already issued arrest warrants for Russian President Vladimir Putin and several military leaders on war crimes charges.
The Council of Europe is aiming to have the tribunal operational by the end of this year.
