International Coalition Agrees On The Special Tribunal For The Crime Of Aggression Against Ukraine

On May 9, 2025, representatives of State and international institutions met in Lviv, Ukraine, to formally endorse the establishment of a Special Tribunal for the Crime of Aggression against Ukraine. In accordance with the Lviv Statement adopted on the day, the group welcomed the finalization of the preparatory work required to establish a Special Tribunal within the Council of Europe. They committed to establishing the Special Tribunal, to the swift commencement of its operations, and to supporting it in its work. This gathering comes only a few days before the meeting of the Council of Europe’s foreign ministers on May 13-14, 2025, where Ukrainian Foreign Minister Andriy Sybiha will submit a letter requesting formal approval of the Agreement to create the Tribunal.

This is an important step towards justice for Russia’s attack on Ukraine. While many of the crimes perpetrated by Putin and his troops are already being investigated and prosecuted, whether by domestic or international tribunals, the crime of aggression is yet to be addressed with comprehensive responses. While, for example, the International Criminal Court (ICC) has powers to investigate any acts of genocide, war crimes and crimes against humanity committed on the territory of Ukraine, it cannot exercise its jurisdiction with regard to the crime of aggression against Ukraine. This is because the act of aggression is committed by Russia, a state that is not a party to the Rome Statute. One option would be for the U.N. Security Council to refer the situation to the ICC. However, such an attempt would have been blocked by Russia, a permanent member of the U.N. Security Council with a veto right. As such, States and experts have been looking into other options to ensure that the mother of all crimes in Ukraine – the crime of aggression – does not escape accountability.

The establishment of the Tribunal will be based on an agreement between Ukraine and the Council of Europe. The Council of Europe is now to set up the necessary framework to establish the Special Tribunal, which will derive its jurisdiction from Ukraine. The Tribunal will have the power to investigate, prosecute and try Russian political and military leaders, who bear the greatest responsibility for the crime of aggression against Ukraine. Once the Special Tribunal is established, Ukrainian national authorities will be able to refer ongoing domestic investigations and prosecutions related to the crime of aggression to the Prosecutor of the Special Tribunal. The evidence gathered in the context of the work carried out within the International Centre for the Prosecution of the Crime of Aggression (ICPA), hosted within Eurojust, European Union Agency for Criminal Justice Cooperation, will also be transmitted to the Prosecutor of the Special Tribunal as appropriate. The ICPA officially started operations at Eurojust in July 2023, supporting the preparation of crime of aggression cases by securing evidence and facilitating the process of case building at an early stage. The ICPA enables independent prosecutors from different countries to work together, exchange evidence in a fast and efficient manner, and agree on a common investigative and prosecution strategy. In addition to Ukraine, five of the joint investigation team (JIT) members (Lithuania, Latvia, Estonia, Poland and Romania) are participating in the ICPA’s start-up phase.

Russia’s crimes in this war against Ukraine require comprehensive responses, using all tools in the toolbox. This includes domestic investigations and prosecutions in Ukraine and other countries (including those based on the principle of universal jurisdiction), and investigations conducted by the ICC, among others. However, the crime of aggression, the crime that started it all before the investigated and prosecuted war crimes and crimes against humanity were perpetrated, must be met with the right responses. The Special Tribunal for the Crime of Aggression against Ukraine is the response the world must see to send a powerful message to Putin, but also others with similar aspirations, that one cannot get away with the crime.