An international coalition of states on Friday formally endorsed the establishment of the Special Tribunal for the Crime of Aggression against Ukraine within the Council of Europe.
The endorsement came during a high-level event in Lviv attended by Ukrainian Prime Minister Denys Shmyhal, European Commissioner Michael McGrath, High Representative Kaja Kallas, and representatives from the Council of Europe and over 40 supporting nations.
The announcement, coinciding with Europe Day, marks the culmination of over two years of coordinated legal efforts. The Lviv Statement, adopted unanimously by participating states, commits the coalition to supporting the Tribunal’s creation. The Tribunal will have jurisdiction to investigate and prosecute Russian political and military leaders bearing primary responsibility for the crime of aggression.
This decision comes in light of the Russia-Ukraine war wherein Russia launched an unprovoked full-scale invasion of Ukraine on February 24, 2022, expanding a conflict that began in 2014 with the annexation of Crimea and support for separatists in eastern Ukraine. The war has caused thousands of civilian deaths, massive displacement, and widespread destruction of infrastructure. Despite repeated international condemnation, the Russian Federation has maintained its military presence and operations in Ukrainian territory.
The International Criminal Court has opened investigations into war crimes and crimes against humanity committed during the conflict but lacks jurisdiction over the crime of aggression in cases involving non-state parties such as Russia. The proposed Special Tribunal is designed to address this gap in accountability. Ukrainian authorities will be able to refer ongoing national investigations into aggression to the Tribunal’s prosecutor. Evidence collected by the International Centre for the Prosecution of the Crime of Aggression at Eurojust will also be transmitted for prosecution. The Tribunal’s establishment will be based on an agreement between Ukraine and the Council of Europe.
Ursula von der Leyen, President of the European Commission, affirmed the EU’s support: “As we celebrate Europe Day, we move closer to justice for the people of Ukraine. We stand fully behind the Special Tribunal. … The people of Ukraine deserve justice, and we will do everything in our power to make sure they get it.”
The EU, through Eurojust, has supported a joint investigation team with Ukraine and six EU Member States since March 2022. The Core Group, a body of senior legal experts, held 14 technical meetings to lay the legal foundation for the Tribunal. In February 2023, Eurojust launched a Core International Crimes Evidence Database, which has preserved thousands of case files now intended for use by the Tribunal. The Tribunal is a necessary step to close existing gaps in international criminal law and ensure Russia’s senior leadership is held accountable for initiating a war of aggression in violation of peremptory norms of international law.
