EU special Tribunal against Russia

Brussels 04.02.2025 “Today, we have taken further steps towards establishing a Special Tribunal for the crime of aggression against Ukraine. There has to be a clear division between war crimes and the crimes of aggression” said the EU High Representative Kaja Kallas at a press point following the meeting of the Core Group on the Establishment of a Special Tribunal for the Crime of Aggression Against the country.

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“War crimes can be prosecuted by the ICC (International Criminal Court), but the crime of aggression can only be prosecuted by [a] Special Tribunal.

“It is clear that the crime of aggression is a leadership crime, so without the crime of aggression there would not be any war crimes either. Therefore, it is extremely important that there is also accountability for the crime of aggression.

“No one from Russia’s leadership is untouchable. That is the message that this tribunal sends.

“We had in this process involved, of course, Ukraine, [European] External Action Service, European Commission, Council of Europe, also 37 states. There is a broad international support for this initiative and that reflects also the shared commitment to accountability, which is important that nobody is really untouchable.

“Accountability is also integral part of a just and lasting peace and also the tribunals have to be set up before the war is over. Our experts are concluding work on the core legal text for the Tribunal. It is also very important to send a signal that unpunished crimes only encourage further aggression.

“That is why this work is extremely important, that we move on with the Special Tribunal. It is a breakthrough on the major principles. Of course, there’s a lot of legal issues around such tribunal, but I think the lawyers have done an excellent work and we can definitely take further steps with this”.

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Council of Europe Secretary General Alain Berset has welcomed a major step forward in Brussels today towards creating a Special Tribunal for the Crime of Aggression against Ukraine, within the framework of the Council of Europe. The 13th meeting of the international Core Group* of senior legal experts laid down the legal foundations of the Special Tribunal, including key elements of its statute.

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“The Council of Europe has stood alongside Ukraine since the very first day of the war,” said the Secretary General.

“Last April, we opened a Register of Damage for those affected by Russia’s aggression and work on a compensation mechanism is now well under way. Furthermore, the European Court of Human Rights is still dealing with over 4,000 cases against Russia related to events in Crimea, Donbas and the wider war in Ukraine.

“Alongside this on-going work, establishing the Special Tribunal for the Crime of Aggression within the Council of Europe framework will enable our international partners – notably including Ukraine and the European Union – to make full use of our experience and expertise in upholding human rights and the rule of law across the continent.

“Today we have seen important progress which will have a major impact on the people of Ukraine for generations to come. However, the hard work is only just beginning. We will not stop until Russia is held fully accountable and justice is done.”

*Created in 2023, the Core Group on the Establishment of a Special Tribunal for the Crime of Aggression against Ukraine is a group of senior legal experts from around 40 states who have been working with the Ukrainian authorities, the EU Commission, the European External Action Service and the Council of Europe to seek justice for Ukraine in the face of Russia’s aggression.

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