War in Ukraine: A New Special Tribunal is on the Horizon
Investigation into Ukraine Conflict: Will Vladimir Putin Face Trial? Examining the Established Special Court to Determine Russian Aggression Charge
In a groundbreaking move, Ukraine and its European allies have agreed to establish a special tribunal to judge Russia for its invasion of its neighbor. This decision was made on a Friday in May 2026, during a meeting in Lviv, western Ukraine, between the foreign ministers of the European Union (EU).
On the same day, Russia was commemorating the 80th anniversary of its victory against Nazi Germany in Moscow. At the meeting, the EU's chief diplomat, Kaja Kallas, declared that this tribunal would ensure that the main perpetrators of the aggression against Ukraine are brought to justice. According to her, every square centimeter of the war waged by Russia has been documented, and there is no place for impunity.
Why a New Tribunal?
While the International Criminal Court (ICC) has already issued international arrest warrants against Russian President Vladimir Putin and other Russian officials for war crimes such as the "illegal deportation" of Ukrainian children, the ICC does not have the competence to judge the crime of "aggression" committed by Russia. The ICC requires either the country under accusation to recognize its existence or the agreement of the United Nations Security Council, which Russia has a veto power in. To circumvent this obstacle, Ukraine, along with around forty countries, decided to create a special tribunal in 2022.
In What Framework will it Operate?
The special tribunal will operate under the framework of the Council of Europe, an institution created in 1949 to guarantee human rights, the rule of law, and democracy. It will be funded by the forty states that support this initiative. Its jurisdiction will be based on Ukraine's territorial jurisdiction. The seat of the ICC in The Hague (Netherlands) has volunteered to host it, but the location of the tribunal has not yet been decided.
The special tribunal's mandate is to pursue high-ranking political and military leaders responsible for planning, preparing, launching, or executing the crime of "aggression" against Ukraine. Leaders of Belarus or North Korea, two allied countries of Moscow, could also be prosecuted if elements of proof demonstrate that they played an important role in the crime of aggression.
The International Investigation Bureau
An international investigation bureau has been at work since July 2023, and it has already gathered hundreds of thousands of evidence. This investigation bureau falls under the authority of Eurojust, the European agency responsible for strengthening judicial cooperation between member states. Once the court is created, the cases will be progressively transferred to its prosecutors, who will benefit from the support of national jurisdictions for their own investigations, before any potential indictments.
Expected Penalties
In case of a trial, the accused risk life imprisonment if the "extreme gravity" of the crime of aggression is recognized, or a maximum of 30 years. The confiscation of their property and fines are also possible, in accordance with the rules establishing this new tribunal. All these assets will then be transferred to a compensation fund for the benefit of Ukraine, to finance its reconstruction.
Will Vladimir Putin be Judged?
While nothing prevents the Russian president from being judged one day, including in his absence, it is unlikely to happen as long as he remains head of state. His presidential immunity protects him, although the tribunal can still gather all the elements for a potential trial. Two other Russian officials, the Prime Minister and the Minister of Foreign Affairs, enjoy the same immunity.
The United States and the Peace Agreement
Since the return of Donald Trump to the White House, the United States has been actively advocating for the swift conclusion of a peace agreement between Russia and Ukraine. The question arises of the potential immunity that may be granted to certain Russian officials, including President Vladimir Putin, in the event of a peace agreement concluded between Russia and Ukraine.
This special tribunal represents a significant step towards upholding international law and deterring future acts of aggression. Its establishment marks a strong commitment from European and allied states to ensure accountability for those responsible for the invasion of Ukraine.
- The special tribunal, operating under the Council of Europe, will focus on war-and-conflicts-related matters, with its mandate being to pursue high-ranking political and military leaders responsible for the "aggression" against Ukraine, including leaders from Belarus or North Korea, if evidence shows their involvement.
- In the realm of politics and policy-and-legislation, this new tribunal bypasses the International Criminal Court's limitations by operating independently, as Ukraine, along with around forty countries, chose to create it in 2022 due to the ICC's inability to judge the crime of "aggression" committed by Russia.
- General-news coverage of the war in Ukraine has expanded to include crime-and-justice aspects as well, with an international investigation bureau already gathering evidence since July 2023 for the upcoming prosecution of suspected aggressors by the special tribunal.
