New Tribunal Established to Hold Russian Leaders Accountable for Aggression Against Ukraine

On Wednesday, the Council of Europe and Ukraine formalized an agreement to establish a dedicated tribunal aimed at prosecuting Russian leaders for their «crime of aggression against Ukraine.»

According to the United Nations Charter, the crime of aggression is defined as «the use of military force by a State against the sovereignty, territorial integrity, or political independence of another State.»

Ukrainian officials initially requested the creation of such a tribunal on May 13, 2025, as a part of ongoing efforts to hold Russian authorities accountable for initiating the invasion of Ukraine.

The signing of the tribunal agreement took place during a ceremony at the Council’s headquarters in Strasbourg, France, with Ukrainian President Volodymyr Zelensky and Alain Berset, Secretary General of the Council of Europe, in attendance.

Following Russia’s full-scale invasion of Ukraine in 2022, the country was expelled from the Council.

The newly established tribunal is expected to undertake formal investigations, gather evidence, and prepare charges against high-ranking Russian political and military figures believed to be responsible for instigating the war.

However, current Russian leaders are granted immunity from prosecution while in office, as they are protected by an immunity clause that shields sitting heads of state, government leaders, and foreign ministers.

Once these officials, including Russian President Vladimir Putin, Prime Minister Mikhail Mishustin, and Foreign Minister Sergei Lavrov, leave their positions or if the Russian Federation removes their immunity, the tribunal will have the power to prosecute them.

This agreement seeks to address a legal void left by the International Criminal Court (ICC), which cannot prosecute the crime of aggression in Ukraine due to jurisdictional constraints.

The tribunal will be composed of 15 judges selected by a committee representing the nations that endorse its establishment.

Berset remarked, “This historic signing underscores the necessity for international law to be applicable to everyone — without exceptions and without double standards.”

He further emphasized, “This is a tribunal to adjudicate the disparity between victims and aggressors, between impunity and accountability, because without accountability there can be no lasting peace for Ukraine and Europe in general.”

Later that Thursday, Russia’s Foreign Ministry announced that it would not recognize the tribunal or its decisions.

Maria Zakharova, a spokeswoman for the Foreign Ministry, told reporters, “The activities and resolutions of this entity will hold no significance for us. We will view the participation of any nation in this as a hostile action.”

Reporting contributed by AFP.