On June 25, Ukrainian President Volodymyr Zelensky and Council of Europe Secretary General Alain Berset signed an agreement to establish a Special Tribunal for Russia. This is a new international mechanism that will investigate the crime of aggression against Ukraine.
This is the first Special Tribunal created specifically to consider crimes of aggression – the illegal use of force against another state contrary to the UN Charter.
Now the agreement on the Special Tribunal for the Russian Federation must be ratified by the Verkhovna Rada of Ukraine.
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ICTV Facts explains what the Special Tribunal is and whether it is realistic to hold Russian officials accountable.
- What is a Special Tribunal and why is it needed?
- Key provisions of the special tribunal for Russia
- Where will the Special Tribunal for Russia operate and who will finance it?
- Who will work in the Special Tribunal for Russia and how will cases be selected?
- Is it realistic to try Putin and other high-ranking officials?
- International precedents of similar tribunals
What is a Special Tribunal and why is it needed?
The Special Tribunal for Russia is a new international mechanism that is planned to be created within the Council of Europe. Its main goal is to hold Russia's top leadership accountable for the crime of aggression against Ukraine.
As explained by the Council of Europe, the crime of aggression is the initiation or planning of war by the leadership of a state. It is also called the crime of leadership, because it concerns precisely those officials who occupy key leadership positions and have made or supported the decision to start military action.
That is, the Special Tribunal for the Russian Federation will allow those who gave the orders to start the war to be tried.
The initiative to create a Special Tribunal for the Russian Federation arose because the International Criminal Court (ICC) is currently unable to consider cases of Russian aggression due to legal restrictions. That is, this mechanism will not replace the ICC, but will complement its work. It is expected that they will conclude agreements on mutual cooperation.
In answering the question “what is the Special Tribunal”, it should be understood: it is a legal instrument for establishing justice for crimes that are not covered by the current international system.
Key provisions of the special tribunal for Russia
The special tribunal for the Russian Federation will have clearly defined powers that will allow the leadership of the aggressor state to be held accountable.
Deputy Head of the Office of the President of Ukraine Irina Mudraya, who led the work on creating the Special Tribunal for the Russian Federation, spoke about the main provisions of the completed charter:
- Lack of immunity for aggressors.
The Charter of the Special Tribunal for Russia stipulates that no official will be able to escape responsibility. Even the current leaders of the aggressor country can receive indictments – the prosecutor of the Special Tribunal will be able to publish them and pass them on to the court even before the full consideration of the case begins. When these officials are no longer in power, the court will be able to sentence them and convict them in absentia.
- Full international jurisdiction.
The Special Tribunal for Russia will function as a full-fledged international body. It will not be a mixed or national structure – it will act exclusively within the framework of international law and on behalf of the entire world community.
- A clear definition of the crime of aggression.
The basis for the qualification of the crime of aggression is Article 8 of the Rome Statute of the ICC, supplemented by the provisions of Resolution 3314 of the UN General Assembly. This guarantees a clear and understandable interpretation, excluding double interpretations and making it impossible to evade responsibility.
- Cooperation with the ICC, not competition.
The Special Tribunal for the Russian Federation complements the International Criminal Court. If the accused is transferred to the ICC, the proceedings in the Special Tribunal will be suspended.
- Conducting absentee trials.
– A separate achievement of Ukraine is the inclusion of the in absentia mechanism. This allows for sentencing even without the presence of the accused (except for the current “troika”, while they are in office) – in particular, against the political and military leadership of Russia (and potentially also Belarus and the DPRK), – Mudraya reported.
- International recognition of truth.
The creation of a special tribunal for Russia will allow the official legal confirmation of the Russian Federation's aggression against Ukraine, starting in 2014. The indictments will serve as evidence of who exactly gave the orders to start the war, when and how it happened.
Where will the Special Tribunal for Russia operate and who will finance it?
The special tribunal for Russia will sit in the Netherlands – in The Hague. After the official creation of the special tribunal, the Netherlands will conclude a separate agreement, according to which a special room will be allocated for it.
Although the Special Tribunal for the Russian Federation is being created within the Council of Europe, it will be financed more broadly – by funds from a group of states that support Ukraine, even if they are not members of the Council of Europe. This allows for independence to be preserved and ensures the legitimacy of the entire process.
Who will work in the special tribunal for Russia and how will cases be selected?
The special tribunal for Russia will work in cooperation with Ukrainian investigators and prosecutors. The Prosecutor General of Ukraine will determine which cases to transfer to The Hague.
This means that the special tribunal will not start the investigation from scratch. The Ukrainian prosecutor's office has already collected a considerable evidence base and has more than 700 suspects in the case of the crime of aggression.
The cases will be heard by judges and prosecutors chosen by the founding and associated states through the Steering Committee. They will be able to nominate candidates who do not necessarily have to be citizens of the participating states.
The list will include 15 judges. The advisory group will make recommendations, and the final decision will be made by secret ballot.
The prosecutor will be elected according to a similar procedure. The nomination of candidates should preferably take place with the support of several states. His deputies will be appointed from a list that will be provided by the prosecutor himself.
Is it realistic to try Putin and other high-ranking officials?
The special tribunal for Russia will focus specifically on the highest political and military leadership of the aggressor state. The main goal is to bring to criminal responsibility those who made the decision to launch a full-scale invasion of Ukraine.
First of all, we are talking about the so-called troika: Russian dictator Vladimir Putin, Prime Minister Mikhail Mishustin and Foreign Minister Sergei Lavrov. They could become the main figures in the indictments. They can only be tried after they leave their posts.
Moreover, speaking about how the Special Tribunal will work, it is important to note that this mechanism allows for the inclusion of not only the leaders of the Russian Federation.
If involvement in the crime of aggression is proven, other leaders could also be held accountable – for example, the self-proclaimed President of Belarus Alexander Lukashenko and the leader of North Korea Kim Jong-un.
International precedents of similar tribunals
International law already has experience of such Special Tribunals. The most famous precedent is the Nuremberg Tribunal, which was created after World War II to try the top leadership of Nazi Germany.
Other Special Tribunals were also created for:
- former Yugoslavia (25 May 1993 – 31 December 2017) – created at the initiative of France. Its purpose was to prosecute persons responsible for serious violations of international humanitarian law;
- Rounds (November 8, 1994 – December 31, 2025) – established to prosecute individuals responsible for the 1994 genocide in Rwanda and crimes committed by Rwandan citizens in neighboring countries.
