Special Tribunal for the Prosecution of the Crime of Aggression by the Russian Federation against Ukraine

On 25 June 2025, Ukraine and the Council of Europe concluded an agreement to establish a Special Tribunal for the prosecution of the crime of aggression committed by the Russian Federation against Ukraine.

This Tribunal aims to address jurisdictional gaps in the International Criminal Court (ICC) and the International Court of Justice (ICJ), which are unable to effectively prosecute the crime of aggression due to immunities of high-ranking officials and the lack of enforceable mechanisms for implementing decisions.

This article analyses the Tribunal’s Statute, compares it with the Nuremberg Tribunal (1945–1946), the International Criminal Tribunal for the former Yugoslavia (ICTY, 1993–2017), the objectives and mandates of the ICC and ICJ, examines the mechanisms for detaining accused persons in the newly established Tribunal, and explores the possibility of holding citizens of Belarus, North Korea, Iran, and other military allies of Russia accountable for supporting the aggression.

Citation: Keshkentii, Denys. Special Tribunal for the Prosecution of the Crime of Aggression by the Russian Federation against Ukraine: Analysis of the Statute, Comparison with Historical and Contemporary International Courts, Examination of the Detention of Accused Persons, and the Impact of the UN Charter and UN and EU Resolutions. 15 pages. SSRN.