Edit36 countries back special tribunal targeting Putin, four EU members stay put
Senior officials from Belarus and North Korea, both of which have directly supported Russia’s war effort, could also face prosecution
Thirty-six countries, mostly from Europe, have backed the creation of a special tribunal to prosecute Russian President Vladimir Putin for the crime of aggression against Ukraine, with the court set to be based in the Dutch city of The Hague.
The joint commitment was formalised on Friday during the annual meeting in Moldova of foreign ministers of the Council of Europe, the continent’s leading human rights body, which has spearheaded efforts to close the jurisdictional gap left by the International Criminal Court (ICC).
The new Special Tribunal is needed because the ICC cannot prosecute the “crime of aggression” (the top-level decision to launch the invasion of Ukraine) in this specific case – due to built-in jurisdictional limits in the ICC’s rules that don’t apply to the new tribunal.
Bulgaria, Hungary, Malta and Slovakia did not join the initiative.
Public information as to their reasons is scarce, but they appear to be driven by a mix of domestic politics, energy/economic ties to Russia, skepticism of escalating legal measures, and preferences for diplomacy rather than unified public legal rationales.
The resolution was signed by all other EU member states, alongside Andorra, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, Norway, San Marino, Switzerland, Ukraine and the United Kingdom.
Australia and Costa Rica were the only non-European countries among the signatories.
Ministers endorsed a resolution establishing the structure and functions of the management committee that will oversee the tribunal. The body will be responsible for approving the annual budget, adopting internal rules and appointing judges and prosecutors. Participating countries also pledged to respect the independence of judicial proceedings.
Ukraine’s Foreign Minister Andrii Sybiha, who attended the ceremony, described the move as “the point of no return” in the long-running effort to secure accountability for Russia’s invasion.
“The Special Tribunal becomes a legal reality. Very few believed this day would come. But it did,” Sybiha said on social media, invoking the precedent of the Nuremberg trials that prosecuted senior Nazi leaders after the Second World War.
“Putin always wanted to go down in history. And this tribunal will help him achieve this. He will go down in history as a criminal,” he added.
The European Union also endorsed the initiative, despite of its four member states declining to sign the resolution.
The list of participating countries remains open to additional signatories from Europe and beyond.
Council of Europe Secretary General Alain Berset urged governments to complete the necessary legislative procedures and secure funding so that the tribunal can begin operations as quickly as possible. The EU has already committed €10 million.
The absence of active U.S. engagement under President Donald Trump has fuelled concerns over potential funding shortfalls. Trump’s attempts to broker a peace agreement between Ukraine and Russia have also raised questions about the tribunal’s long-term political backing, particularly after a draft proposal circulated last year floated the possibility of broad amnesty provisions for war crimes.
“The time for Russia to be held accountable for its aggression is fast approaching. The path ahead is the path of justice, and justice must prevail,” Berset told the meeting.
The tribunal will operate alongside the Register of Damages, which collects claims submitted by victims of Russia’s aggression, and the International Claims Commission, which will assess those claims and determine compensation payments.
The establishment of a special tribunal has been one of Kyiv’s top priorities since the Kremlin launched its full-scale invasion in February 2022.
Unlike war crimes, crimes against humanity and genocide, the crime of aggression is considered a leadership crime, targeting the political and military leadership responsible for launching the war.
In practice, this applies to the so-called “troika” – the president, the prime minister and the foreign minister – as well as senior military commanders who oversaw the assault on Ukraine’s sovereignty and territorial integrity.
Putin is the primary target
Putin remains the tribunal’s primary target, although he is unlikely to face trial in the near future.
Under the proposed framework, members of the “troika” will remain immune from trials in absentia while they remain in office. Prosecutors may still file indictments against Putin and Foreign Minister Sergei Lavrov, but proceedings would be suspended until they leave their posts.
Trials in absentia could, however, be conducted against other senior figures accused of aggression, including Chief of the General Staff Valery Gerasimov, Russian Air Force commander Sergei Kobylyash and Security Council Secretary Sergei Shoigu.
Senior officials from Belarus and North Korea, both of which have directly supported Russia’s war effort, could also face prosecution.
The tribunal will have the authority to impose severe penalties, including life imprisonment, asset confiscation and financial sanctions, with funds channelled into compensation schemes for victims.
“There will be no just and lasting peace in Ukraine without accountability for Russia and for those responsible for the horrific crimes committed against the Ukrainian people,” EU foreign policy chief Kaja Kallas said in a statement.
“Russia chose to attack and invade a sovereign country, kill its people, deport Ukrainian children and steel Ukrainian land. Russia must face justice and pay for what it has done.”
Zelenskyy joins Strasbourg push for Special Tribunal for the Crime of Aggression
Sources: Euronews, Reuters, coe.int
Caption: Swiss Secretary General of the Council of Europe Alain Berset attends a press conference with Moldovan Deputy Prime Minister and Minister of Foreign Affairs Mihai Popsoi on the sidelines of the Council of Europe Foreign Ministers meeting in Chisinau, Moldova, 15 May 2026. Foreign ministers from the Council of Europe’s 46 member states gathered in Chisinau for their annual session. EPA/DUMITRU DORU
Updated: May 15, 2026 - 18:57
