Pass H.Res. 777: Congress Has a Chance to Stand Against Aggression Commentary
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Pass H.Res. 777: Congress Has a Chance to Stand Against Aggression

At a moment when the international system is being tested by the most brazen act of interstate aggression in Europe since World War II, the U.S. House of Representatives has an opportunity—and a responsibility—to reinforce the rule of law. H.Res. 777, now before the House Foreign Affairs Committee, deserves immediate passage. The resolution, drafted with essential leadership from the Office of Congresswoman Marcy Kaptur, sends a clear message: the United States stands with Ukraine, with the Council of Europe, and with the fundamental principle that no head of state may wage a war of aggression with impunity.  

The resolution commends the Council of Europe and Ukraine for establishing the Special Tribunal for the Crime of Aggression against Ukraine—a tribunal created through a formal agreement signed in June 2025 to prosecute senior political and military leaders responsible for Russia’s unlawful invasion. 

This tribunal represents a historic step forward. For decades, the international community has struggled to hold leaders accountable for the crime of aggression, even though it is the “supreme international crime” that enables all others. By supporting this tribunal, Congress affirms that launching an illegal war is not a policy choice—it is a prosecutable offense.

Passing H.Res. 777 is not symbolic. It strengthens the political legitimacy of the tribunal at a critical moment, as Ukraine and its partners prepare the institution to begin its work. It also reinforces the United States’ longstanding commitment to democracy, sovereignty, and the rule of law—values the resolution itself highlights as central to the Council of Europe’s mission.  

Moreover, accountability is not merely retrospective. It is preventive. When the world fails to hold aggressors to account, others take note. The Council of Europe and other organizations have already documented extensive violations stemming from Russia’s invasion, and its efforts to mobilize legal mechanisms for justice serve as a deterrent against future crimes.   Congress should amplify that deterrent effect by endorsing the tribunal and urging continued international cooperation.

Congresswoman Kaptur’s leadership in drafting H.Res. 777 reflects a deep understanding of what is at stake. This is not only about Ukraine’s survival—though that alone would justify action. It is about defending the international order that has kept great-power war at bay for generations. It is about ensuring that borders cannot be changed by force. And it is about affirming that even the most powerful leaders are not above the law.

The House should act without delay. Passing H.Res. 777 will place the United States firmly on the side of justice, accountability, and the enduring principle that aggression must never go unanswered.

David M. Crane is a global leader in international criminal justice and the founding Chief Prosecutor of the UN Special Court for Sierra Leone. He has spent decades shaping accountability mechanisms around the world, including serving as a driving architect behind the Special Tribunal for the Crime of Aggression against Ukraine. Crane is a distinguished scholar of international law, a former senior U.S. national security official, and a leading voice on the rule of law, state responsibility, and the legal limits on the use of force.

 

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