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No one from Russia’s leadership is untouchable. Brussels reports significant progress on Special Tribunal for Russia

04/02/2025

Participants in the 13th meeting of the Core Group on the establishment of a special tribunal for the crime of aggression against Ukraine have announced significant progress on the issue. This announcement was made by EU High Representative for Foreign Affairs and Security Policy Kaja Kallas, European Commissioner for Democracy and Justice Michael McGrath, Council of Europe Secretary General Alain Berset, and Deputy Head of the Office of the President of Ukraine Iryna Mudra during a joint statement in Brussels, as reported by Interfax-Ukraine.

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. 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,” said Kaja Kallas.

No one from Russia’s leadership is untouchable. That is the message that this tribunal sends,” she added. According to her, the process is supported by 37 states and key international organisations.

Kallas added that experts are finalizing work on the main legal text for the tribunal.

Once the Special Tribunal is operational, Ukrainian authorities will be able to transfer ongoing domestic investigations and prosecutions related to the crime of aggression to the prosecutor of the Special Tribunal. And in this process, Ukraine will also send relevant evidence to the tribunal, including information gathered by the International Centre for the Prosecution of the Crime of Aggression,” said European Commissioner Michael McGrath.

He emphasized that the Special Tribunal would function within the Council of Europe, ensuring adherence to the highest international standards of justice.

Council of Europe Secretary General Alain Berset expressed confidence that work on the Schuman Statute will be completed in the near future.

Once the Council of Europe receives a clear position on the statute, and following reactions from Ukraine and various member states, we will be ready to act and negotiate very quickly,” emphasized Berset.

On December 5, 2024, Alain Berset, during a visit to Kyiv, discussed the Special Tribunal and compensation for damages caused by Russia with Ukrainian President Volodymyr Zelenskyy and former Prosecutor General Andriy Kostin.

At that time, he stated that significant results in this direction could be seen as early as 2025.

Special Tribunal for Russia – What is known

In July 2022, Dmytro Kuleba, then the Minister of Foreign Affairs of Ukraine, explained that a Special Tribunal is effectively the only way to hold Russia’s highest political and military leadership accountable for the crime of aggression against Ukraine.

The creation of the tribunal has been supported by resolutions of the European Parliament and PACE.

On March 17, 2023, the International Criminal Court in The Hague issued an arrest warrant for Russian dictator Vladimir Putin on suspicion of deporting Ukrainian children to Russia and committing war crimes in Ukraine. Putin can be arrested in the territories of 123 countries that have ratified the Rome Statute.

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