Ukraine’s President Volodymyr Zelenskyy and Secretary General of the Council of Europe (CoE) Alain Berset have signed an agreement on the establishment of a Special Tribunal for the Crime of Aggression against Ukraine in Strasbourg on Wednesday.
The special tribunal aims to prosecute senior Russian leaders for “the countless war crimes” Ukraine accuses Russian forces of committing since the start of the Kremlin’s full-scale invasion in February 2022.
Existing international courts, including the International Criminal Court in The Hague, lack jurisdiction to prosecute Russian nationals for that specific offence.
“Justice for Ukraine will not wait,” Berset said ahead of the signature ceremony with Zelenskyy.
“For the first time, a dedicated international tribunal is being created to address the crime of aggression. Established within the framework of the Council of Europe, this tribunal will hold to account those who have used force in violation of the UN Charter,” he added.
Zelenskyy referenced tribunals held to try Nazis after World War II and the one in The Hague which tried individuals accused of war crimes during the wars in the former Yugoslavia, arguing that they should be a basis for how Russian officials need to be held to account.
“We all remember the tribunal that brought justice after the horrors of Nazism. And the world will never forget Nuremberg. Years later, when hate and war returned to parts of Europe, another tribunal was needed, this time for the crimes in the former Yugoslavia,” said Zelenskyy in an address to the Parliamentary Assembly of the CoE.
“Now we need the same for Russia's aggression against Ukraine. This crime must be judged clearly and thoroughly. The world needs an honest, historic verdict, so everyone responsible for this war must be held to account,” added the Ukrainian leader.
Zelenskyy expressed optimism that the tribunal is a “real chance” to finally restore some justice to the people of Ukraine who have suffered “unspeakable crimes” at the hands of Russian forces. Zelenskyy also urged for Russian President Vladimir Putin, who he accused of being a “war criminal” to be tried.
"Other institutions, even international ones, don't have the tools to do this. And we need to show clearly aggression leads to punishment."
Logistical details remain to be resolved, including the location of the court. The Hague has been suggested due to its existing legal infrastructure, which Zelenskyy says would be a “perfect” location, but no final decision has been made.
The institution will be funded by supporting countries known as the Core Group, which consists of 40 states. The United States backed the project under former President Joe Biden, but President Donald Trump’s administration did not support the initiative.
