Ukraine's President Volodymyr Zelenskyy and the Secretary General of the Council of Europe, Alain Berset, will sign an agreement on the establishment of a Special Tribunal for the Crime of Aggression against Ukraine in Strasbourg on Wednesday 25 June.
The Council of Europe's Committee of Ministers today authorised Secretary General Berset to sign the agreement, which includes the Statute of the Special Tribunal.
"Justice for Ukraine will not wait," said Secretary General Alain Berset, ahead of tomorrow's signature with President Zelenskyy to establish the Special Tribunal for the Crime of Aggression against Ukraine. "For the first time, a dedicated international tribunal is being created to address the crime of aggression. Established within the framework of the Council of Europe, this tribunal will hold to account those who have used force in violation of the UN Charter, applying international law without double standards and reaffirming that Europe's security will not rest on silence or impunity - but on law, principle, and action."
The Committee of Ministers has been finalising the legal texts underpinning the Special Tribunal since its establishment was requested by the Ukrainian authorities and endorsed by the annual meeting of Council of Europe foreign ministers in Luxembourg on 14 May 2025.
The Committee has also completed the groundwork for an Enlarged Partial Agreement enabling a wide range of parties - including members and non-members of the Council of Europe, as well as the European Union - to support and help manage the tribunal.
The Special Tribunal will be set up within the framework of the Council of Europe with the mandate to prosecute senior leaders for the crime of aggression against Ukraine. This crime 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 key legal documents underpinning the Special Tribunal can now be considered by parties interested in joining the Enlarged Partial Agreement. The Committee of Ministers will continue its discussions on this issue once states have indicated their desire to participate.
