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Ukrainian President Volodymyr Zelenskyy and Secretary General of the Council of Europe Alain Berset on Wednesday agreed to establish a Special Tribunal for the Crime of Aggression against Ukraine, following Europe’s endorsement of the proposal in May 2025.
The agreement, which will be supported by 46 member states, will establish a Tribunal intended to address crimes of aggression in response to Russia’s ongoing invasion of Ukraine. Crimes of aggression refer to a state leader’s decision to wage war, which may violate Article 2(4) of the UN Charter, prohibiting the threat or use of force against the territorial integrity or political independence of any state. The Tribunal’s jurisdiction may also extend to pro-Russian allies participating in the conflict.
The Council of Europe emphasized that the Tribunal will uphold international legal standards, including the rule of law, due process rights, and judicial independence. Additionally, the Council of Europe said that the Tribunal will adopt its general legal framework, which includes adherence to the European Convention on Human Rights (ECHR), which guarantees the right to a fair trial, protection against retroactive punishment, and access to an impartial tribunal. The inclusion of crimes of aggression in the Rome Statute, which established the ICC framework, further supports a commitment to prosecution.
Currently, the International Criminal Court (ICC) addresses war crimes and crimes against humanity, but has limited jurisdiction over crimes of aggression. This leaves a gap where political and military leaders who commit crimes of aggression may not be prosecuted. The new Tribunal is intended to complement the ICC by providing a mechanism to hold political and military leaders accountable for the decision to wage an unlawful war. The Tribunal will also support Ukraine’s efforts to document harm caused by the invasion, with a view toward potential reparations
A challenge the Tribunal faces is securing the physical custody of individuals accused of crimes of aggression brought to trial. Previous efforts to arrest Russian President Vladimir Putin, who remains subject to a 2023 arrest warrant for alleged war crimes, were unsuccessful. Still, the ICC and Council of Europe maintain that international legal efforts serve to reinforce the rule of law and deter future violations through increased visibility and accountability. President Zelenskyy said, “It will take strong political and legal co-operation to make sure every Russian war criminal faces justice – including Putin. This is the path we must walk – all the way to real charges and real verdicts”.
With 46 member states and the ability for non-member states to make claims, there is the potential for significant political pressure in ensuring crimes of aggression do not continue.
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The agreement, which will be supported by 46 member states, will establish a Tribunal intended to address crimes of aggression in response to Russia’s ongoing invasion of Ukraine. Crimes of aggression refer to a state leader’s decision to wage war, which may violate Article 2(4) of the UN Charter, prohibiting the threat or use of force against the territorial integrity or political independence of any state. The Tribunal’s jurisdiction may also extend to pro-Russian allies participating in the conflict.
The Council of Europe emphasized that the Tribunal will uphold international legal standards, including the rule of law, due process rights, and judicial independence. Additionally, the Council of Europe said that the Tribunal will adopt its general legal framework, which includes adherence to the European Convention on Human Rights (ECHR), which guarantees the right to a fair trial, protection against retroactive punishment, and access to an impartial tribunal. The inclusion of crimes of aggression in the Rome Statute, which established the ICC framework, further supports a commitment to prosecution.
Currently, the International Criminal Court (ICC) addresses war crimes and crimes against humanity, but has limited jurisdiction over crimes of aggression. This leaves a gap where political and military leaders who commit crimes of aggression may not be prosecuted. The new Tribunal is intended to complement the ICC by providing a mechanism to hold political and military leaders accountable for the decision to wage an unlawful war. The Tribunal will also support Ukraine’s efforts to document harm caused by the invasion, with a view toward potential reparations
A challenge the Tribunal faces is securing the physical custody of individuals accused of crimes of aggression brought to trial. Previous efforts to arrest Russian President Vladimir Putin, who remains subject to a 2023 arrest warrant for alleged war crimes, were unsuccessful. Still, the ICC and Council of Europe maintain that international legal efforts serve to reinforce the rule of law and deter future violations through increased visibility and accountability. President Zelenskyy said, “It will take strong political and legal co-operation to make sure every Russian war criminal faces justice – including Putin. This is the path we must walk – all the way to real charges and real verdicts”.
With 46 member states and the ability for non-member states to make claims, there is the potential for significant political pressure in ensuring crimes of aggression do not continue.
The post Council of Europe and Ukraine agree to establish Special Tribunal for the Crime of Aggression appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.