The Council of Europe has reached an agreement on the legal framework for creating a Special Tribunal for the Crime of Aggression Against Ukraine, as reported by the BBC Russian Service and DW. If established, the tribunal will operate independently of the International Criminal Court.
The crime of aggression is a distinct category of international offenses involving the waging of war against another state. Unlike war crimes and crimes against humanity—where both commanders and rank-and-file soldiers can be held accountable—the crime of aggression applies only to a country's top leadership responsible for ordering the attack. If the tribunal is formed, its work will primarily focus on Vladimir Putin.
EU High Representative for Foreign Affairs and Security Policy Kaja Kallas stated she has "no doubt that Putin committed the crime of aggression" by ordering the attack on Ukraine and violating its sovereignty, adding that "he has spoken about it quite openly," as quoted by DW.
"Seeing what is happening in the world, every country is interested in the further development of international law and the establishment of clear rules for holding perpetrators accountable," said Kallas.
In her opinion, even if Trump manages to initiate peace negotiations with Putin, the work on the tribunal must continue "to hold the perpetrators accountable and to achieve a just peace in Ukraine."
European Commission President Ursula von der Leyen also emphasized that Russia's actions represent a severe violation of international law:
"When Russia decided to roll its tanks across Ukraine's borders, violating the UN Charter, it committed one of the gravest offenses: the crime of aggression. Now, justice is coming. Justice for Ukraine."
The crime of aggression is a distinct offense that involves waging an aggressive war against another state. Unlike war crimes and crimes against humanity, which can be attributed to rank-and-file participants on both sides of a conflict, the crime of aggression can only be assigned to a country's leadership that made the decision to attack another state.
