Council of Europe Approves Legal Framework for Special Tribunal on Russia's Crime of Aggression Against Ukraine

The Council of Europe has reached an agreement on the legal framework for establishing a Special Tribunal for the Crime of Aggression against Ukraine. If created, the tribunal will operate independently of the International Criminal Court.

Council of Europe Secretary General Alain Berset announced the decision on February 4, in Brussels.

“The establishment of a Special Tribunal for the Crime of Aggression within the framework of the Council of Europe will allow our international partners, including Ukraine and the European Union, to fully leverage our expertise in human rights protection and the rule of law across the continent,” Berset stated during a briefing at the 13th meeting of the Core Group working on the tribunal’s creation.

The group currently includes 41 countries, along with the European Commission, the European External Action Service, and the Council of Europe itself.

When asked by DW about global support for the initiative, EU High Representative for Foreign Affairs Kaja Kallas responded by encouraging other nations to join the effort.

“Looking at what is happening in the world, every country has an interest in advancing international law and ensuring clear rules for holding perpetrators accountable,” she emphasized.

The working group, which consists of representatives from 41 countries, has held 13 meetings so far. The final, 14th meeting is expected to take place in April, during which a formal agreement on the tribunal’s establishment is set to be signed.

“This crime [of aggression] rests on the shoulders of a country’s leadership. Without it, there would be no killings, no attacks on civilian infrastructure, no assaults on innocent people, no rapes. The crime of aggression cannot go unpunished,” Kallas stressed, adding: “No one from Russia and no one from Russia's leadership is untouchable.”

The crime of aggression is a distinct category of international offenses involving the initiation of war against another state. Unlike war crimes and crimes against humanity, which can be prosecuted at all levels—including rank-and-file soldiers and commanders on both sides—the crime of aggression applies exclusively to a nation’s top leadership responsible for the decision to launch an attack.

Previously, The Parliamentary Assembly of the Council of Europe (PACE) overwhelmingly adopted the resolution “European Commitment to a Just and Lasting Peace in Ukraine,” an RBC correspondent reported from Strasbourg, France. The resolution emphasizes that Russia continues its efforts to undermine the international order, including by involving Iran and North Korea in its aggression against Ukraine.