The Council of Europe has officially approved the launch of a special international tribunal to investigate the crime of aggression committed by the Russian Federation against Ukraine. As reported by Radio Free Europe/Radio Liberty, 36 countries have already joined the enlarged partial agreement on its creation: 34 Council of Europe member states, alongside Australia and Costa Rica. The lineup of participating nations is expected to expand in the future, pulling in states from other global regions.
Judicial Architecture: Mandate and Risks for the Kremlin
The Special Tribunal will be headquartered in The Hague (Netherlands). This step elevates international accountability efforts against the RF leadership to an institutional level, bypassing the gaps in the existing international legal order:
- Overcoming Immunity Loopholes: The International Criminal Court (ICC) lacks jurisdiction over the crime of aggression against Ukraine because Russia is not a state party to the Rome Statute. The Special Tribunal is designed precisely to eliminate this legal vacuum.
- Targeted Mandate: The judicial body is granted explicit powers to conduct formal investigations, secure evidentiary bases, and issue indictments (arrest warrants) against the highest echelons of Russia’s political and military apparatus—those responsible for ordering the full-scale invasion, including President Vladimir Putin.
- Diplomatic Pressure: Council of Europe Secretary General Alain Berset emphasized that the tribunal’s activation accelerates the timeline for mandatory accountability. Even if immediate arrests remain logistically impossible, international warrants will permanently sever diplomatic engagement with all signatory states.
The Bottom Line: The formation of the Special Tribunal in The Hague by a 36-nation coalition solidifies the legal standing of the RF leadership as suspects in the ultimate international crime. This initiative strips the Kremlin of any long-term prospects for normalizing relations with the West and establishes a strict legal framework for post-conflict prosecution.