Senior European legal experts concluded the legal work Tuesday on the establishment of a Special Tribunal for the Crime of Aggression against Ukraine to hold Russia accountable for its war.
The meeting of experts from the EU Commission, the European External Action Service, the Council of Europe, Ukraine and 37 States is a breakthrough in a continuing process towards ensuring accountability for the crime of aggression against Ukraine, as well as for upholding the international criminal justice system.
The EU’s foreign policy chief Kaja Kallas said the move had broad international support and “a broad international commitment to accountability”. “Unpunished crimes only encourage new atrocities,” she said. “This is a signal to the world that no one from Russia’s leadership is untouchable.”
Once operational, the Tribunal will have the power to hold to account Russian political and military leaders, who bear the greatest responsibility for the crime of aggression.
The European Commission has also adopted a Recommendation to the Council to participate in the formal negotiations to set up an International Claims Commission for Ukraine.
The Claims Commission will be the body responsible to review, assess and decide eligible claims recorded in the Register of Damage and determine the amount of compensation due in each case. The establishment of the Claims Commission will be a crucial step towards the compensation of victims of the war.
The Claims Commission will build on the work of the Register of Damage, which serves as a record of damages, loss or injury caused by the aggression of the Russian Federation against Ukraine.
The Special Tribunal will be established by an agreement between the Government of Ukraine and the Council of Europe. It will derive its jurisdiction from Ukraine. The Council of Europe will be in charge of the procedure for adoption of the draft legal instruments necessary for the establishment of the Special Tribunal and subsequent signature.
Once the Special Tribunal for the Crime of Aggression against Ukraine 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, as well as to transmit relevant information and evidence gathered in the context of the work carried out within the International Centre for the Prosecution of the Crime of Aggression (ICPA).
For the Claims Commission, the first round of negotiations for the international instrument will start towards the end of March 2025.
