European leaders have launched a major new initiative to prosecute Russian officials for their invasion of Ukraine, setting the stage for a high-profile tribunal targeting Vladimir Putin’s inner circle.
At a Glance
- Around 40 world leaders support creating a special tribunal to prosecute Russian officials for the “crime of aggression” against Ukraine
- The tribunal addresses a critical gap: the International Criminal Court cannot prosecute Russian leaders for starting the war
- The court could initiate proceedings against Putin and wait until he leaves office for a trial
- Funded by supporting nations including the Netherlands, Japan, and Canada, the tribunal aims to be operational by early 2026
- The Hague is being considered as a potential location, though a final decision is pending
A New Court to Address Russia’s Invasion
European foreign ministers, backed by Ukraine and the UK, have formally endorsed the creation of a special tribunal to prosecute Russian officials for aggression against Ukraine. The initiative, named the “Lviv statement,” was signed by EU foreign ministers in the Ukrainian city of Lviv and represents a significant step toward holding Russia’s leadership accountable for the February 2022 invasion. The tribunal aims to prosecute 20 to 30 high-ranking Russian officials responsible for planning and executing the war, with technical legal frameworks already completed.
The joint initiative between Ukraine and the Council of Europe will be formalized at an upcoming meeting in Luxembourg. Unlike previous international courts, this tribunal specifically targets the crime of aggression itself – the act of one nation unlawfully attacking another – which many legal experts consider the foundation for subsequent war crimes and human rights abuses that follow military conflicts.
Europe supports Ukraine in creating a special tribunal to prosecute Russian war crimes.
May 9, 2025, is set to become a landmark date for the European continent and its future.
While a military parade was taking place in Moscow to mark the 80th anniversary of the Soviet Victory… https://t.co/wtMzJ7pMPD pic.twitter.com/srU8Dz8gn4
— Anton Gerashchenko (@Gerashchenko_en) May 9, 2025
Filling Critical Legal Gaps
The new tribunal addresses a significant limitation in international law. The International Criminal Court (ICC) cannot prosecute Russian leaders for initiating the war because Russia is not a member state. While the ICC has already issued an arrest warrant for Putin related to the alleged abduction of Ukrainian children, it lacks jurisdiction over the crime of aggression in this case. The 2002 Rome Statute was amended in 2010 to include aggression as a prosecutable offense, but this only applies to member countries.
“The crime of aggression is sometimes referred to as the ‘mother of all other crimes’ because it precedes all of the other crimes, war crimes, crimes against humanity, even genocide,” said Iva Vukusic, an expert cited in the tribunal planning.
International law generally grants immunity to sitting heads of state, prime ministers, and foreign ministers. However, the tribunal could initiate proceedings against Putin and other Russian officials now, then conduct trials when they leave office. The court will also have the authority to hold trials in absentia, with defendants retaining the right to a retrial if later brought into custody.
European and Ukrainian Leadership United
European officials have emphasized the moral imperative behind establishing the tribunal. EU’s top diplomat Kaja Kallas stated that “Russia’s aggression cannot go unpunished and therefore establishing this tribunal is extremely important.” Ukrainian President Volodymyr Zelenskyy has framed the initiative as part of Europe’s moral duty, arguing that bold action is needed to address shortcomings in the current international legal framework.
“As we celebrate Europe Day, we move closer to justice for the people of Ukraine. We stand fully behind the Special Tribunal, to hold to account those responsible for the heinous crime of aggression against Ukraine. The people of Ukraine deserve justice, and we will do everything in our power to make sure they get it,” said President of the European Commission Ursula von der Leyen.
Kremlin spokesman Dmitry Peskov has declined to engage with the announcement, simply stating that Russia “will not be reacting” to the tribunal plans. This initiative follows historical precedents established after World War II, the Balkan wars, and the Rwandan genocide, when special courts were created to address specific conflicts and atrocities. Supporters hope the tribunal will be operational by early next year, potentially based in The Hague.
