Council of Europe backs creation of special tribunal to hold Russia accountable for war crimes against Ukraine

The Council of Europe’s Committee of Ministers on May 14 issued a landmark statement endorsing the establishment of a special tribunal to prosecute Russia for its crime of aggression against Ukraine.

This endorsement, from the main intergovernmental body representing 46 countries, marks a decisive step toward ensuring that those responsible for initiating and conducting a war of aggression are held accountable under international law. 

The CoE committee’s statement signals crucial backing to an initiative that seeks to close a major gap in the current international legal justice framework: the lack of a dedicated legal mechanism of prosecuting state leaders for the “crime of aggression” – a foundational offense from which many other war crimes arguably stem. 

Although the existing International Criminal Court (ICC) in The Hague can prosecute war crimes, genocide, and crimes against humanity, its jurisdiction over the crime of aggression is limited – making the creation of a special tribunal ever the more imperative. 

“At their annual meeting, ministers tasked Secretary General Alain Berset with leading the process to set up a special tribunal for the crime of aggression within the Council of Europe, through an agreement with Ukraine,” the statement said.

Representatives of the Council of Europe reaffirmed their strong commitment to supporting Ukraine on its path to justice and reconstruction by launching the process to create this special tribunal.

The ministers also reaffirmed their determination to secure the return of Ukrainian children who were illegally deported or forcibly displaced by Russia.

Previously, EU foreign affairs ministers and senior EU officials had called for the establishment of such a tribunal to prosecute Russia for the crime of aggression against Ukraine. Political support for the initiative was confirmed during a meeting of foreign affairs ministers in Lviv.

In December, Ukrainian President Volodymyr Zelenskyy expressed gratitude to all countries and officials for backing the creation of the special tribunal. At the same time, Zelenskyy emphasized the need for increased efforts to ensure the tribunal becomes fully operational and effective.