An international coalition of states has formally endorsed the establishment of a Special Tribunal for the Crime of Aggression against Ukraine, as confirmed during a high-level event in Lviv attended by significant figures such as Ukrainian Prime Minister Denys Shmyhal and European Commissioner Michael McGrath. This decision, supported by over 40 nations, coincides with Europe Day and marks three years since Russia’s full-scale invasion of Ukraine.
The tribunal seeks to address jurisdiction gaps within the current framework of international law. As the Russia-Ukraine conflict continues, the International Criminal Court has initiated investigations into war crimes and crimes against humanity. However, its jurisdiction does not extend to the crime of aggression for non-state parties such as Russia. This propelled the coalition’s decision to establish a tribunal under the Council of Europe.
The Lviv Statement, adopted unanimously, commits participating states to support the tribunal’s creation. It grants the tribunal authority to investigate Russian political and military leaders held primarily responsible for the crime of aggression. Ukrainian authorities can refer ongoing investigations to the tribunal’s prosecutor, while evidence from the International Centre for the Prosecution of the Crime of Aggression will be utilized for prosecution.
European Commission President Ursula von der Leyen highlighted the EU’s commitment to this initiative, expressing that Europe Day moves the region closer to justice for Ukraine. To bolster this effort, the EU, through Eurojust, has supported a joint investigation team with Ukraine since March 2022. The tribunal signifies a step towards closing existing gaps in international criminal law, ensuring that Russia‘s leadership faces accountability for initiating aggression.
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