The European Union and other prominent international organizations have taken a significant step toward establishing a special tribunal aimed at holding Russian leaders accountable for their actions during the Ukraine invasion. This initiative, supported by the Council of Europe and Ukraine, targets the prosecution of top Russian officials responsible for orchestrating the invasion that began in 2022.
European Commission President Ursula von der Leyen emphasized the importance of this development by stating, “When Russia chose to roll its tanks over Ukraine’s borders, breaking the UN Charter, it committed one of the gravest violations: the Crime of Aggression. Now, justice is coming.”
The decision to establish a special tribunal seeks to address the limitations of the existing international legal framework. While the International Criminal Court (ICC) based in The Hague can prosecute individuals for genocide, war crimes, and crimes against humanity, it lacks the jurisdiction to charge Russian nationals with the crime of aggression, as Russia is not a signatory to the 2002 Rome Statute. This statute permits the prosecution of aggression only among member states.
Ukraine has been a vocal advocate for closing this accountability gap. As Ukraine’s Deputy Minister of Justice, Iryna Mudra, put it, “The accountability gap for the crime of aggression must be closed right now because the lid of Pandora’s Box is blown off completely and our world is plunged into chaos and darkness.”
During a recent visit to the Netherlands in 2023, Ukrainian President Volodymyr Zelenskyy reiterated the call for immediate action, arguing for measures to overcome existing shortcomings in international law. These efforts aim to address justice gaps and prevent the exploitation of international legal loopholes.
Despite the progress made, several challenges remain. These include determining the tribunal's funding mechanisms and selecting a suitable location. The Netherlands, known for hosting the ICC and other key judicial organizations, has expressed willingness to accommodate this new tribunal. It is home to the International Center for Prosecution of the Crime of Aggression, which supports evidence-gathering for the tribunal, under the auspices of Eurojust, the judicial cooperation agency of the European Union.
However, establishing the tribunal under Ukrainian law presents obstacles, such as the inability to prosecute a nation’s troika—the head of state, head of government, and foreign affairs minister. This immunity, granted under international law, provides these leaders with protection while in office. Yet, the ICC has already issued arrest warrants for Russian President Vladimir Putin and several military leaders for alleged war crimes, showing an unwavering commitment to justice.
The Council of Europe, with backing from numerous international bodies, aims to have the tribunal operational before the end of the year. In its quest for justice, this tribunal represents a step toward strengthening accountability and closing the gaps that currently exist within international law.
