A coalition of 38 countries, including all European Union members, is making significant progress in establishing a special tribunal to judge the Russian leadership for the crime of aggression against Ukraine. The focus so far has been on drafting the legal statute that will underpin the tribunal and determine its jurisdiction, with hopes of finalizing the statute before the end of the year. The tribunal will prosecute Russia’s political and military leaders, including President Vladimir Putin, within the framework of the Council of Europe.
President Volodymyr Zelenskyy has advocated for the tribunal to ensure accountability for the invasion ordered by Putin almost three years ago. Unlike other international crimes, the crime of aggression holds the person ultimately in charge accountable for acts such as invasion, occupation, or annexation. While heads of state typically enjoy immunity from prosecution under international law, efforts are being made to establish a tribunal that can prosecute Russia’s war on Ukraine specifically.
High Representative Kaja Kallas emphasized the importance of accountability for the crime of aggression, stating that no one from Russia, including its leadership, is untouchable. The tribunal should be established before the war is over to send a signal that unpunished crimes only lead to further aggression. The progress on the legal statute was hailed as a major breakthrough, with comparisons drawn to the Nuremberg trials after World War II when charges of “crimes against peace” were brought to justice.
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