Ukraine's President Volodymyr Zelenskyy and the Secretary General of the Council of Europe, Alain Berset, have signed an agreement on the establishment of a Special Tribunal for the Crime of Aggression against Ukraine, including the Statute of the Special Tribunal.
Yesterday, the Council of Europe's Committee of Ministers, composed of representatives of its 46 member states, authorised Secretary General Berset to sign the agreement.
"Ukraine and the Council of Europe have signed an agreement to establish the Special Tribunal for the Crime of Aggression against Ukraine. This historic signature reminds us that international law must apply to all - with no exceptions, and with no double standards," said Secretary General Alain Berset. "This is a tribunal to judge between victims and aggressors, between impunity and accountability, because without accountability, there can be no lasting peace for Ukraine and Europe as a whole. "
President Zelenskyy said: "Every war criminal must know: there will be justice, and that includes Russia. Politically, we have already made big progress, and I am grateful to the Council of Europe and to everyone showing leadership. Justice takes time, but it must happen, I am sure. And today's agreement and this tribunal give us a real chance to bring justice for the crime of aggression. Other institutions don't have the tools to do this. And we need to show clearly: aggression leads to punishment, and we must make it happen together."
The Chair of the Council of Europe's Committee of Ministers, Ian Borg, Malta's Deputy Prime Minister and Minister for Foreign Affairs and Tourism, stated:"Today's agreement is living proof that genuine international cooperation, grounded in legal clarity and political courage, can achieve what once might have seemed improbable. The Council of Europe's swift, principled, and unwavering response has reaffirmed its enduring relevance and moral authority, in Europe and well beyond."
Now that the Agreement has been signed, interested parties - including Council of Europe members and non-member states from around the world, plus the European Union - will consider joining an Enlarged Partial Agreement (EPA) on the management of the Special Tribunal. Once states have indicated their desire to participate, the Committee of Ministers will be able to resume the work to establish the EPA.
The Agreement between the Council of Europe and Ukraine on the Establishment of the Special Tribunal for the Crime of Aggression against Ukraine states that the creation of the Special Tribunal "is the most suitable solution to determine criminal accountability in the case of those individuals who bear the greatest responsibility for the crime of aggression against Ukraine, and to avoid duplication of prosecutions at national level against the same individuals."
The crime of aggression refers to the decision to use armed force against another state, in violation of the United Nations Charter. The International Criminal Court (ICC) has the jurisdiction to investigate war crimes, crimes against humanity, and genocide in Ukraine. However, the ICC cannot currently examine the crime of aggression in this case due to jurisdictional limitations for the crime of aggression. The Special Tribunal will fill this gap.
The establishment of the Special Tribunal was requested by the Ukrainian authorities on 13 May 2025 and endorsed by the annual meeting of Council of Europe foreign ministers in Luxembourg the following day.
