Zelenskyy, Council of Europe sign pact for Russia aggression tribunal

“Today, we begin the process of establishing a tribunal to address Russia’s crime of aggression against Ukraine,” Zelenskyy said. “Every war criminal must know that justice will be restored. This applies to Russia as well.”

Berset stated that negotiations for an expanded partial agreement will now begin “so that as many countries as possible can join, support, and assist in managing the tribunal.”

Iryna Mudra, deputy head of Ukraine’s Presidential Office, previously outlined the agreement’s key provisions.

She noted that the tribunal’s statute excludes personal immunities, allowing prosecutors to issue indictments against Russia’s president, prime minister, or foreign minister, though convictions would require their removal from office.

The tribunal will have international legal status, not hybrid or national, and is based on Article 8 of the ICC’s Rome Statute, supplemented by criteria for aggressive war from UN General Assembly Resolution 3314 (XXIX).

It can issue verdicts in absentia, targeting Russia’s political and military leadership, and potentially Belarus and North Korea

Why is a special tribunal needed to punish Russia?

The tribunal addresses a gap in international criminal justice, as the International Criminal Court (ICC) can investigate war crimes, crimes against humanity, and genocide but faces “objective legal obstacles” in prosecuting the crime of aggression, necessitating a special tribunal.

In September 2022, Ukraine proposed that G7 nations and other partners support a special international tribunal to hold Russia accountable for its aggression.

On January 16, 2023, the European Parliament received a proposal for the tribunal, gaining support from several EU countries and officials. The Netherlands offered to host the tribunal.