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Tuesday, May 13, 2025
Outside the box.
EU Initiates Special Tribunal to Address Russia's Aggression Against Ukraine
The European Union and international partners back the establishment of a tribunal to prosecute key figures behind Russia's invasion.
Brussels – A legal initiative aimed at prosecuting Russia for its aggression against Ukraine has gained momentum in Europe, receiving political and institutional backing from the European Union (EU) and several international allies.
Announced on May 9 by the European Commission, the Council of Europe, and Ukrainian Prime Minister Denys Shmyhal, this ad hoc tribunal is designed to address a significant gap in international law that currently impairs the International Criminal Court's ability to take action against Russia, given that Moscow does not recognize its jurisdiction.
The tribunal will be established under Ukrainian law and will receive support from international partners.
It aims to be based in the Netherlands, a location recognized as the operational center for international criminal justice.
The tribunal’s mandate will be strictly focused on trying the crime of aggression, specifically related to Russia's large-scale invasion of Ukraine, which began in February 2022.
Per the announcement from the European Commission, this tribunal will function with the collaborative support of multiple entities, including the European External Action Service, the Council of Europe, and the Ukrainian Prosecutor General's Office.
Funding will be sourced from a coalition of nations, including the Netherlands, Japan, and Canada, with plans to commence operations by the end of 2025.
The crime of aggression, distinguished from other international crimes such as genocide or war crimes, specifically targets political and military leadership.
This focus centers on identifying and prosecuting those individuals who made the decisions to initiate the invasion, including high-ranking officials like the president, prime minister, and foreign minister.
The tribunal is positioned as a mechanism for holding accountable those in positions of power, rather than merely addressing the actions of individuals carrying out crimes on the ground.
Ukrainian President Volodymyr Zelensky has emphasized the tribunal’s role in achieving justice for the initial crime of aggression, arguing that a fair and credible trial is essential in deterring future acts of violence.
The establishment of this tribunal seeks to set a global legal and political standard, reflecting an insistence that impunity must not prevail in situations of armed conflict.
European Commission President Ursula von der Leyen characterized the initiative as a vital response to Russia's breach of international law, asserting that the invasion constituted a severe violation of the UN Charter.
She remarked, "Now, justice is coming.” This tribunal plan aligns with the EU’s overarching strategy of providing legal support, which includes the establishment of the International Center for the Prosecution of the Crime of Aggression in The Hague, operating under the supervision of Eurojust, and currently compiling judicial evidence for potential future prosecutions.
Kaja Kallas, the EU High Representative for Foreign Policy, expressed confidence in the substantial documentation surrounding the war, asserting that Russia’s violations of the UN Charter are well-recorded.
She stated, “This leaves no room for doubt about Russia’s blatant violation of the UN Charter.
Russian aggression will not go unpunished.”
However, potential challenges loom for the tribunal's future operations.
International law norms stipulate that top leaders of a state are granted immunity while in office, potentially delaying the commencement of trials.
Nonetheless, the tribunal plans to preserve evidence and commence pre-trial proceedings, enabling the possibility of trials once legal circumstances permit.
The subsequent steps include formal adoption of legal acts by the Council of Europe and the appointment of judges and prosecutors through an independent committee.
Announced on May 9 by the European Commission, the Council of Europe, and Ukrainian Prime Minister Denys Shmyhal, this ad hoc tribunal is designed to address a significant gap in international law that currently impairs the International Criminal Court's ability to take action against Russia, given that Moscow does not recognize its jurisdiction.
The tribunal will be established under Ukrainian law and will receive support from international partners.
It aims to be based in the Netherlands, a location recognized as the operational center for international criminal justice.
The tribunal’s mandate will be strictly focused on trying the crime of aggression, specifically related to Russia's large-scale invasion of Ukraine, which began in February 2022.
Per the announcement from the European Commission, this tribunal will function with the collaborative support of multiple entities, including the European External Action Service, the Council of Europe, and the Ukrainian Prosecutor General's Office.
Funding will be sourced from a coalition of nations, including the Netherlands, Japan, and Canada, with plans to commence operations by the end of 2025.
The crime of aggression, distinguished from other international crimes such as genocide or war crimes, specifically targets political and military leadership.
This focus centers on identifying and prosecuting those individuals who made the decisions to initiate the invasion, including high-ranking officials like the president, prime minister, and foreign minister.
The tribunal is positioned as a mechanism for holding accountable those in positions of power, rather than merely addressing the actions of individuals carrying out crimes on the ground.
Ukrainian President Volodymyr Zelensky has emphasized the tribunal’s role in achieving justice for the initial crime of aggression, arguing that a fair and credible trial is essential in deterring future acts of violence.
The establishment of this tribunal seeks to set a global legal and political standard, reflecting an insistence that impunity must not prevail in situations of armed conflict.
European Commission President Ursula von der Leyen characterized the initiative as a vital response to Russia's breach of international law, asserting that the invasion constituted a severe violation of the UN Charter.
She remarked, "Now, justice is coming.” This tribunal plan aligns with the EU’s overarching strategy of providing legal support, which includes the establishment of the International Center for the Prosecution of the Crime of Aggression in The Hague, operating under the supervision of Eurojust, and currently compiling judicial evidence for potential future prosecutions.
Kaja Kallas, the EU High Representative for Foreign Policy, expressed confidence in the substantial documentation surrounding the war, asserting that Russia’s violations of the UN Charter are well-recorded.
She stated, “This leaves no room for doubt about Russia’s blatant violation of the UN Charter.
Russian aggression will not go unpunished.”
However, potential challenges loom for the tribunal's future operations.
International law norms stipulate that top leaders of a state are granted immunity while in office, potentially delaying the commencement of trials.
Nonetheless, the tribunal plans to preserve evidence and commence pre-trial proceedings, enabling the possibility of trials once legal circumstances permit.
The subsequent steps include formal adoption of legal acts by the Council of Europe and the appointment of judges and prosecutors through an independent committee.
