Zelenskyy joins Strasbourg push for Special Tribunal for the Crime of Aggression

While Ukrainian President Volodymyr Zelenskyy’s participation in the 24-25 June NATO summit in The Hague remained uncertain until the last hours, it was announced that he will make his first official visit to the Council of Europe in Strasbourg on 25 June, amid a renewed international push for accountability in the face of Russia’s ongoing war of aggression.

The visit comes at a time of heightened violence in Ukraine, with some of the deadliest attacks recorded since the full-scale invasion began in February 2022.

Zelenskyy is set to address the Committee of Ministers of the Council of Europe, currently chaired by Malta’s Deputy Prime Minister Ian Borg. The committee is finalising legal instruments necessary to establish a Special Tribunal for the Crime of Aggression against Ukraine – a legal gap not covered by the International Criminal Court (ICC), the Council of Europe reported.

“Without accountability, there can be no lasting peace – for Ukraine, and for Europe”, said Secretary General Alain Berset, underscoring the tribunal’s role in targeting those bearing the highest political and military responsibility for launching the war.

The Ukrainian president will also speak before the Parliamentary Assembly of the Council of Europe (PACE), which has consistently championed legal accountability for Russian leadership.

“I am proud that PACE was the first international body to call for such a tribunal”, said Assembly President Theodoros Rousopoulos, a Greek meember of parliament for New Democracy.

The planned tribunal, expected to be operational by 2026, will be international in nature and established within the Council of Europe’s framework. It will be empowered to conduct trials in absentia and focus on prosecuting top-level political and military leaders for the crime of aggression, a so-called “leadership crime” under international law.

While the ICC has jurisdiction over war crimes and crimes against humanity in Ukraine, it lacks legal authority to prosecute aggression in this case due to jurisdictional limitations. The Special Tribunal is intended to complement the ICC and ensure that the decision to wage war itself is subject to judicial scrutiny.

More than 35 countries and the EU have expressed support for the tribunal, which is being shaped through an Enlarged Partial Agreement and will rely on financing from participating states. The Management Committee, composed of these states, will nominate judges and prosecutors for fixed terms – nine years for judges and seven years for prosecutors – with no possibility of re-election.

The Special Tribunal is seen as both a moral imperative and a legal innovation. Its creation aims to reaffirm the principle that aggression cannot be a tool of state policy, while reinforcing international law and deterring future acts of war.

Established in 1949, the Council of Europe is Europe’s oldest intergovernmental organisation and a guardian of democracy, human rights, and the rule of law. While often overshadowed by the European Union, it hosts the European Court of Human Rights (ECHR), the only international court where individuals can file complaints against states for human rights violations.

Following Russia’s full-scale invasion of Ukraine, the Council of Europe made history by expelling the Russian Federation on 16 March 2022 – the first ever expulsion of a member state. Since then, Ukraine has become the organisation’s top priority.

The Council has spearheaded multiple initiatives: the Register of Damage to document war-related destruction, ongoing rulings by the ECHR, and now the establishment of the Special Tribunal for the Crime of Aggression. These measures are part of a broader legal and political effort to anchor Europe’s response in justice.

“Justice is the foundation of peace”, Secretary General Berset affirmed, stressing the long-term significance of institutional accountability.

Zelenskyy’s visit marks a symbolic and strategic moment, aligning legal action with political resolve. As negotiations continue over the tribunal’s jurisdiction, structure, and funding, Strasbourg prepares to send a clear message to Moscow – and the world – that justice, though long delayed, will be pursued with resolve. After years of impunity, the Council of Europe seeks to reaffirm that launching a war of aggression is not just a political act but a prosecutable crime under international law.

Caption: President of Ukraine Volodymyr Zelenskyy gestures during a press conference after attending the European Council summit in Brussels, Belgium, 17 October 2024. EU leaders are meeting in Brussels to discuss Ukraine, the Middle East, competitiveness, migration and foreign affairs. EPA/CHRISTOPHER NEUNDORF