Special Tribunal for the Crime of Aggression against Ukraine

On Europe Day, the Commission, represented by Commissioner Michael McGrath, High Representative Kaja Kallas, the Council of Europe, the Prime Minister of Ukraine, Denys Shmyhal, and the representatives of an international coalition of states gathered in Lviv today to formally endorse the establishment of a Special Tribunal for the Crime of Aggression against Ukraine.

All participants, as per the Lviv Statement adopted last May 9, welcomed the finalisation of the preparatory work required to establish a Special Tribunal within the Council of Europe. They committed to establishing the Special Tribunal, to the swift commencement of its operations, and to supporting it in its work.

Ursula von der Leyen, President of the European Commission, said: “As we celebrate Europe Day, we move closer to justice for the people of Ukraine. We stand fully behind the Special Tribunal, to hold to account those responsible for the heinous crime of aggression against Ukraine. The people of Ukraine deserve justice, and we will do everything in our power to make sure they get it.”

The Tribunal will have the power to investigate, prosecute and try Russian political and military leaders, who bear the greatest responsibility for the crime of aggression against Ukraine.

Next steps

The establishment of the Tribunal will be based on an agreement between Ukraine and the Council of Europe.

It is now for the Council of Europe to set up the necessary framework to establish the Special Tribunal, which will derive its jurisdiction from Ukraine.

Once the Special Tribunal is established, Ukrainian national authorities will be able to refer ongoing domestic investigations and prosecutions related to the crime of aggression to the Prosecutor of the Special Tribunal. The evidence gathered in the context of the work carried out within the International Centre for the Prosecution of the Crime of Aggression (ICPA), which is hosted within Eurojust will also be transmitted to the Prosecutor of the Special Tribunal as appropriate.

Background

The European Union is strongly committed to ensuring full accountability for the crime of aggression committed by the Russian leadership, as well as for all international crimes and atrocities committed in Ukraine.

A lot has been done to ensure full accountability for Ukraine: Three weeks after Russia’s unprovoked and illegal full-scale war of aggression against Ukraine, Eurojust supported the setting up of a joint investigation team which is currently composed of Ukraine, six EU Member States, the International Criminal Court and Europol.

Already in November 2022, the Commission presented different options to the Member States in 2022 to ensure accountability for the crime of aggression against Ukraine. Over the past two years, the EU has been actively participating with our international partners within the context of the Core Group, which held its first meeting in January 2023 in Prague and its 14^th and last meeting at technical level in Strasbourg on 21 March.

On 4 February, during its 13^th meeting, senior legal experts of the Core Group laid down the legal foundations for the establishment of a Special Tribunal. The participants also set out the key elements of the core legal text that will govern the functioning of the Special Tribunal.

The establishment of the Tribunal will be based on an agreement between Ukraine and the Council of Europe. The Statute will govern the functioning of the Tribunal and an Enlarged Partial Agreement will govern the modalities of support to the Tribunal, its financing and other administrative aspects. The draft agreement establishing the Special Tribunal, its draft Statute and the draft Enlarged Partial Agreement on the management of the Special Tribunal have now been transmitted to the Council of Europe.

The establishment of the Tribunal within the Council of Europe’s framework – together with the presence of international judges and the application of international law, – will ensure that criminal proceedings are conducted in respect of the highest procedural safeguards and international human rights law.

In February 2023, Eurojust launched the Core International Crimes Evidence Database, based on an urgent amendment of Eurojust’s mandate. Thousands of files from various countries have been submitted to the Database for preservation and analysis.

Additionally, the International Centre for the Prosecution of the Crime of Aggression Against Ukraine, hosted by Eurojust and launched in July 2023, supports the work of the Joint Investigation Centre, together with the Database. The Centre has been working on a case-building package that will be transmitted to the future office of the prosecutor of the Special Tribunal for the Crime of Aggression against Ukraine.

More information: European Commission