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Council of Europe Advances Plans for Special Tribunal on Russian Aggression

On May 9, 2025, coinciding with Europe Day, foreign ministers from nearly 40 countries convened in Lviv, Ukraine, to officially endorse the establishment of a Special Tribunal aimed at prosecuting the crime of aggression committed by Russia against Ukraine. This initiative, supported by the Council of Europe, seeks to hold Russian leadership accountable for the 2022 invasion of Ukraine.

The meeting culminated in the adoption of the “Lviv Statement,” wherein participating nations welcomed the completion of technical work on draft legal instruments necessary for the tribunal’s establishment. The statement reaffirms the critical importance of the Special Tribunal in delivering justice by holding accountable those who bear the greatest responsibility for this most serious international crime committed against Ukraine. It emphasizes that the tribunal will operate in full respect of international law and human rights, aiming to secure accountability and strengthen the international legal order.

The tribunal is designed to address the legal gap left by the International Criminal Court (ICC), which lacks jurisdiction over the crime of aggression in this context, as Russia is not a party to the Rome Statute and Ukraine has not ratified the relevant amendments.

The initiative has garnered support from 42 countries, including all European Union member states except Hungary and Slovakia, as well as nations such as Australia, Switzerland, Norway, Costa Rica, and Guatemala. The United Kingdom, represented by Foreign Secretary David Lammy, reiterated its commitment to holding those responsible for the aggression accountable.

Ukrainian President Volodymyr Zelenskyy addressed the participants via video message, stating, “Russia will be held accountable for this war. This is a moral duty for Europe – and for everyone in the world who values human life.”

The formal process of establishing the tribunal is set to commence at the upcoming session of the Committee of Ministers of the Council of Europe, scheduled for May 13–14 in Luxembourg. This session will focus on finalizing the legal and administrative frameworks necessary for the tribunal’s operation.

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