A historic step towards justice: an ad hoc international tribunal to prosecute the crime of aggression against Ukraine.
On June 25, 2025, in Strasbourg, Ukrainian President Volodymyr Zelensky and Council of Europe Secretary General Alain Berset signed a historic agreement: the creation of an ad hoc international tribunal to prosecute the crime of aggression committed by the Russian Federation against Ukraine.
This announcement marks a turning point. For the first time since the beginning of the war, the foundations have been laid for a clear, powerful, and international legal response to the acts of aggression committed against Ukraine. The fifteen judges, from different countries, will be selected by a steering committee and appointed for non-renewable terms of three to nine years.
Why is this tribunal so important?
– No immunity: the positions held will no longer protect. President, Prime Minister, or Foreign Minister—all senior officials involved could be subject to indictments, including Vladimir Putin, Mikhail Mishustin, and Sergei Lavrov. Convictions in absentia will be possible, even if the accused do not appear in person. However, the special tribunal will not be able to prosecute them while they are in office.
– Clear definition of the crime of aggression: The Tribunal’s statute is based on Article 8 bis of the Rome Statute and UN Resolution 3314. The crime of aggression is defined as “the planning, preparation, initiation, or execution by a person in a position effectively to control or direct the political or military action of a State, of an act of aggression which, by its nature, gravity, and scale, constitutes a violation of the Charter of the United Nations.”
– A truly international jurisdiction: Unlike hybrid or national approaches, this tribunal is created by an international agreement signed between Ukraine and the Council of Europe. He speaks on behalf of all of democratic Europe.
– No leniency for the aggressor state: No amnesty or political arrangement will prevent this tribunal from acting. Justice prevails.
– A reparation mechanism: Assets confiscated from those responsible may be transferred to the international compensation mechanism established by the UN to compensate Ukrainian victims. In addition to the proposed special tribunal, the Council of Europe is behind a register of damages caused by the war in Ukraine. This register has received “more than 34,000 claims for compensation to date.”
– Victim and witness protection: A special service will be created within the Tribunal to guarantee the safety and support of victims and witnesses.
– Inclusive justice: Particular attention will be paid to gender parity and geographical diversity in the appointment of judges, prosecutors, and teams.
A strong message to Europe and the world.
“This tribunal will hold accountable those who have used force in violation of the UN Charter, without double standards. Europe’s security will now be based on law, principles, and action, not on silence or impunity,” said Alain Berset.
We call on all European and partner states to swiftly ratify the agreement and contribute to the operational establishment of the Tribunal.
Justice cannot wait.
