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Special Tribunal to Investigate Russia’s Aggression Against Ukraine, Supported by 39 Countries

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Lucile Brizard
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Special Tribunal to Investigate Russia’s Aggression Against Ukraine, Supported by 39 Countries
In this pool photograph distributed by Russian state agency Sputnik, Russian leader Vladimir Putin meets with Belarusian President Alexander Lukashenko in Saint Petersburg on January 28, 2024. (Source: Getty Images)

High-ranking representatives from 39 countries will convene in Lviv, Ukraine to announce their agreement on establishing a Special Tribunal to investigate Russia’s crime of aggression against Ukraine.

The move, which has been in the works for three years, has gained the support of countries primarily from Council of Europe countries, except Hungary, as well as from the G7 nations, according to a special investigation by Babel on May 9.

The United States participated until the second-to-last meeting of the group. This significant step comes just ahead of the meeting of the Council of Europe’s foreign ministers on May 14, where Ukrainian Foreign Minister Andriy Sybiga will formally submit a letter requesting the signing of an agreement to create the Tribunal.

The Tribunal, which is intended to be the first judicial body to officially recognize aggression as an international crime, will be based on an agreement between Ukraine and the Council of Europe.

“The creation of the Special Tribunal is a crucial step in holding Russia accountable for its invasion of Ukraine,” said a Ukrainian official involved in the process. “The Tribunal will investigate the leaders responsible for the aggression, including President Vladimir Putin, and potentially others in the Russian government.”

One key issue in the formation of the Tribunal has been the scope of its authority. Initially, there were concerns that the Tribunal would be limited to prosecuting only lower-level individuals involved in the aggression.

However, Ukraine’s representatives successfully argued for broader powers, enabling the Tribunal to focus on the political and military leadership, including Russian leader Vladimir Putin, Russian Prime Minister Mikhail Mishustin, and Russian Foreign Minister Sergey Lavrov. While Putin’s trial cannot take place while he remains president, the Tribunal will investigate his role in the invasion and prepare for future prosecution once he is no longer in power.

The Tribunal will not only focus on Russian leaders but may also examine the actions of Belarusian President Alexander Lukashenko and North Korean leader Kim Jong-un, both of whom played roles in the aggression against Ukraine.

Lukashenko allowed Russian forces to use Belarusian territory to advance into Ukraine, while Kim Jong-un’s regime provided military support to Russia. However, prosecuting Kim Jong-un presents challenges, as North Korea has only engaged in the conflict indirectly.

The Tribunal will be based in The Hague, with operational details to be finalized with the Netherlands. Operating under international law, it will receive support from countries like Japan, Canada, and Australia. It will investigate the crime of aggression, with 735 suspects, including Russian officials, already identified by the Ukrainian Prosecutor General’s Office.

As the Tribunal begins its investigations, it will rely on a combination of Ukrainian legal expertise and international judicial practices, drawing from precedents set by the International Criminal Tribunal for the former Yugoslavia and Rwanda.

The Special Tribunal can impose sentences of up to 30 years or life imprisonment, along with confiscation of assets outside Russia. It is expected to begin cases once funding is secured, with full operation anticipated by 2026.

In related news, the European Parliament passed a resolution on May 8 condemning Russia’s forcible deportation and russification of Ukrainian children, describing it as a “genocidal strategy” aimed at erasing Ukrainian identity.

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