Europe and Ukraine Forge New Tribunal to Prosecute Aggression Against Ukraine

On Wednesday, the Council of Europe and Ukraine finalized an agreement to establish a special tribunal aimed at prosecuting Russian leaders for the «crime of aggression against Ukraine.»

According to the United Nations Charter, a crime of aggression is defined as “the use of armed force by a State against the sovereignty, territorial integrity, or political independence of another State.”

Ukrainian officials called for the creation of this special tribunal on May 13, 2025, as part of their ongoing initiative to hold Russian leaders accountable for the invasion of Ukraine.

The signing of the agreement took place at the Council’s headquarters in Strasbourg, France, and was executed by Ukrainian President Volodymyr Zelensky and Alain Berset, the Secretary General of the Council of Europe.

Following Russia’s full-scale invasion of Ukraine in 2022, the country was expelled from the Council.

The tribunal is expected to carry out formal investigations, gather evidence, and prepare charges against high-ranking Russian political and military figures believed to be responsible for initiating the conflict.

However, while they remain in office, senior Russian leaders are protected from prosecution by an immunity clause that safeguards sitting heads of state, government leaders, and foreign ministers.

Once they step down or if the Russian Federation waives their immunity, the tribunal will have the jurisdiction to prosecute President Vladimir Putin, Prime Minister Mikhail Mishustin, and Foreign Minister Sergei Lavrov.

This agreement seeks to address a legal void left by the International Criminal Court (ICC), which is unable to address the crime of aggression in Ukraine due to limitations on its jurisdiction.

The newly formed tribunal will be composed of 15 judges selected by a committee representing the signatory nations.

Berset remarked, “This historic signature serves as a reminder that international law must apply universally—without exceptions and without double standards.” He added, “This tribunal aims to distinguish between victims and aggressors, and between impunity and accountability, as without accountability, there can be no lasting peace for Ukraine or Europe as a whole.”

In response, Russia’s Foreign Ministry stated on Thursday that it would dismiss the tribunal and its decisions. Foreign Ministry spokesperson Maria Zakharova told reporters, «The functions and rulings of this entity will be of no significance to us. Any nation’s participation will be viewed as an act of hostility.»

Reporting by AFP contributed to this article.