Thirty-six nations, predominantly from Europe, have formally committed to a special tribunal aimed at prosecuting Russian President Vladimir Putin for the crime of aggression against Ukraine. The tribunal will be based in The Hague, Netherlands, and was endorsed during the annual meeting of the Council of Europe's foreign affairs ministers on Friday.
The resolution establishes a management committee to oversee the tribunal's operations, including approving budgets, electing judges and prosecutors, and adopting internal rules. Signatories pledged to uphold the independence of judicial proceedings. The list includes 34 European states—among them France, Germany, Italy, Spain, and the United Kingdom—plus Australia and Costa Rica as the only non-European participants. The European Union also backed the initiative, though four of its member states—Bulgaria, Hungary, Malta, and Slovakia—did not sign.
A Legal Reality After Years of Advocacy
Ukraine's Foreign Minister Andrii Sybiha hailed the moment as 'the point of no return' in the long quest for justice. 'The Special Tribunal becomes a legal reality. Very few believed this day would come. But it did,' Sybiha wrote on social media, invoking the legacy of the Nuremberg trials. 'Putin always wanted to go down in history. And this tribunal will help him achieve this. He will go down in history. As a criminal.'
The tribunal addresses a jurisdictional gap left by the International Criminal Court (ICC), which can prosecute the crime of aggression only when committed by a state party. Russia is not a signatory to the Rome Statute and can block any changes via its UN Security Council veto. Unlike war crimes or genocide, the crime of aggression is a leadership offense, targeting those who control the aggressor state—typically the president, prime minister, foreign minister, and senior military commanders.
In practice, this 'troika' includes Putin, Foreign Minister Sergey Lavrov, and top generals such as Valery Gerasimov and Sergei Shoigu. However, trials in absentia are barred for sitting leaders; the prosecutor may file an indictment, but proceedings will remain suspended until they leave office. For lower-ranking officials, in absentia trials are possible, with the right to a retrial if they later appear in person. The tribunal can impose life imprisonment, asset confiscation, and fines, with proceeds directed to a victim compensation fund.
The initiative complements the Register of Damages, which collects claims from victims of Russia's aggression, and the International Claims Commission, which will adjudicate those claims. The EU has already committed €10 million to the tribunal, though concerns about funding persist, especially given the lack of US engagement under President Donald Trump. Trump's push for a peace deal has also raised doubts; a draft proposal last year floated blanket amnesty for war crimes.
Council of Europe Secretary General Alain Berset urged signatories to complete legislative procedures and allocate funding swiftly. 'The time for Russia to be held to account for its aggression is fast approaching,' Berset said. 'The path ahead of us is one of justice, and justice must prevail.'
The tribunal's establishment comes amid broader European efforts to isolate Russia diplomatically and legally. While the court's practical ability to bring Putin to justice remains uncertain—he is unlikely to face trial while in power—the move signals a collective commitment to accountability. As Sybiha noted, 'There will be no just and lasting peace in Ukraine without accountability for Russia and the perpetrators of the horrific crimes committed against the people of Ukraine.'
The list of signatories remains open, and further countries are expected to join. For now, the tribunal represents a significant step in European-led efforts to uphold international law, even as the path to prosecution remains fraught with political and procedural hurdles.
