What You Should Know About The Special Tribunal For The Crime Of Aggression Against Ukraine.
By Will Gronefeld, Joe Brand Human Rights Fellow
Russia’s full-scale invasion of Ukraine has entered its fourth year, and Russian leaders have faced few repercussions for their actions. Despite efforts to negotiate with Russia, the war on Ukraine persists. However, on June 25, 2025, the Council of Europe and Ukraine signed an agreement establishing a Special Tribunal for the Crime of Aggression Against Ukraine to hold Russian leaders accountable specifically for their attack on Ukraine.
What is it?
The Special Tribunal for the Crime of Aggression is an independent international institution that will investigate and prosecute senior political and military leaders for the crime of aggression. This crime refers to the decision to use armed force against another state in violation of the UN Charter. The crime of aggression is a “leadership” crime, meaning that it concerns those in power who made or enabled the decision to go to war.
Why does it matter?
None of the international courts currently investigating crimes associated with Russia’s invasion of Ukraine have jurisdiction over Russian aggression. Although the United Nations Security Council could create a special tribunal to prosecute Russian aggression, Russia would veto any such proposal.
The International Criminal Court (“ICC”), based in The Hague, the Netherlands, is currently investigating Russia’s war crimes and crimes against humanity and has issued arrest warrants for Russian leaders such as Vladimir Putin. However, the ICC cannot investigate crimes of aggression unless the aggressor state and the targeted state have ratified both the Rome Statute, the treaty that established the ICC; and the 2010 amendments to the statute that define the crime of aggression. Although Ukraine has taken both of these steps, Russia has not, which protects their top leadership from ICC prosecution for initiating the war.
The Special Tribunal would address this loophole and hold that leadership accountable, complementing the ICC’s existing investigation in Ukraine.
How will it work, and when will it start?
The Special Tribunal has been established within the framework of the Council of Europe, but its jurisdiction is based on Ukraine’s territorial jurisdiction. It will cooperate not only with the ICC, but with other international and national efforts to hold Russian leaders accountable.
No official start date has been announced yet, but the Council of Europe hopes that an “initial form of the Special Tribunal can soon be operational, provided that financing is secured and its operational capacity ensured…” The Special Tribunal will be “fully-fledged” as soon as an agreement with a host state is negotiated and enters into force.
Is the United States involved?
Although the United States helped form the “core group” that developed the Special Tribunal, the Trump administration withdrew from this effort in March 2025.
What Countries are involved?
Interested parties include the various member states in the Council of Europe, non-member states across the world, and the European Union. States that join the tribunal’s management body as Members and Associate Members will become public once the key legal documents and functioning of the tribunal are fully accepted by the states and come into force.
What are the drawbacks to the Tribunal? Can it go after Putin?
Some top Russian officials, such as Vladmir Putin, have legal immunity, which prevents them from being charged or brought to trial – even by the Special Tribunal – until they are no longer in power or their immunity is waived. Furthermore, there are also difficulties in securing physical custody of potential defendants. However, these protections aren’t permanent. In the meantime, the Special Tribunal can conduct investigations, gather evidence, prepare indictments, and maintain a standing legal body, ready to prosecute once conditions allow.
Who’s paying for it?
The Special Tribunal will be financed and managed by a series of supportive states. These states are the Members and Associate Members of the so-called Enlarged Partial Agreement.
Will it be effective?
International justice can be rendered ineffective by immunity or the unwillingness of states to cooperate, but the Special Tribunal has strong legal and political support, which can be used to apply political and legal pressure for compliance. As mentioned above, the Special Tribunal can get indictments ready and gather evidence even if immunity is still in place.
