In a landmark agreement, Ukrainian President Volodymyr Zelenskyy and Secretary General of the Council of Europe, Alain Berset, announced on Wednesday the establishment of a Special Tribunal for the Crime of Aggression against Ukraine. This decision follows the Council of Europe's endorsement in May 2025 and marks a significant step in addressing Russia’s ongoing invasion of Ukraine.

The new tribunal, backed by 46 member states, aims to prosecute political and military leaders responsible for acts of aggression, such as waging war in violation of the UN Charter. The UN Charter explicitly prohibits threats or use of force against the territorial integrity or political independence of any state. The tribunal’s jurisdiction is also set to extend to pro-Russian allies involved in the conflict.

The Council of Europe has assured that the tribunal will operate under the highest international legal standards, ensuring adherence to the rule of law, due process rights, and judicial independence. It will align with the general legal framework of the European Convention on Human Rights (ECHR), which upholds the right to a fair trial and protection against retroactive punishment.

Despite the International Criminal Court's (ICC) existing framework, its limited jurisdiction over crimes of aggression has left a notable gap in international justice. The Special Tribunal is designed to complement the ICC by filling this gap, providing a mechanism to hold leaders accountable for initiating unlawful wars. Additionally, it supports Ukraine’s efforts in documenting the invasion's impacts, potentially paving the way for reparations.

However, significant challenges remain, notably the arrest and custody of individuals charged with crimes of aggression. Previous attempts to arrest prominent figures such as Russian President Vladimir Putin, who has been under an ICC arrest warrant since 2023, have failed. Yet, the establishment of this tribunal reinforces the international community's commitment to upholding the rule of law and deterring future violations.

President Zelenskyy emphasized the need for strong political and legal cooperation to ensure that all perpetrators, including Putin, are brought to justice. He stated, "This is the path we must walk – all the way to real charges and real verdicts."

The establishment of the Special Tribunal not only represents a pivotal moment in international law but also offers hope for justice to the victims of aggression. With the support of 46 member states and provisions for claims by non-member states, the tribunal may exert considerable political pressure to prevent future acts of aggression. This initiative underscores a collective move towards accountability and justice in the face of global conflicts.