Today, senior legal experts from the European Commission, the European External Action Service, the Council of Europe, Ukraine, and 37 States have laid the legal groundwork for establishing a Special Tribunal for the Crime of Aggression against Ukraine. Participants also outlined the key elements of the “Schuman draft Statute”, the core legal text that will govern the Tribunals operation.
President Ursula von der Leyen said: “When Russia chose to invade Ukraine, in violation of the UN Charter, it committed one of the gravest offenses: the Crime of Aggression. Now, justice is on its way. Justice for Ukraine. We have laid the legal foundations for a Special Tribunal. There can be no justice without compensation. Russia must be held accountable for its aggression – and it must pay. We have taken a first step toward a Claims Commission with EU participation. This new body will assess claims recorded in the Register of Damage.”
Once operational, the Tribunal will have the authority to hold Russian political and military leaders accountable, who bear the greatest responsibility for the crime of aggression. Todays meeting marks a breakthrough in the ongoing process of ensuring accountability for the crime of aggression against Ukraine, as well as upholding the international criminal justice system.
Today, the European Commission also adopted a Recommendation to the Council to participate in the formal negotiations to set up an International Claims Commission for Ukraine. The Claims Commission will review, assess, and decide on eligible claims recorded in the Register of Damage and determine the amount of compensation due in each case. Establishing the Claims Commission will be a crucial step toward compensating war victims.
The Claims Commission will build on the work of the Register of Damage, which serves as a record of damage, loss, or injury caused by the aggression of the Russian Federation against Ukraine.
Next Steps
The Special Tribunal will be established by an agreement between the Government of Ukraine and the Council of Europe. It will derive its jurisdiction from Ukraine. The Council of Europe will oversee the procedure for adopting the draft legal instruments necessary for establishing the Special Tribunal and subsequent signature.
For the Claims Commission, the first round of negotiations for the international instrument will begin toward the end of March 2025.
Background
Once the Special Tribunal for the Crime of Aggression against Ukraine is established, Ukrainian national authorities will be able to refer ongoing domestic investigations and prosecutions related to the crime of aggression to the Prosecutor of the Special Tribunal, as well as transmit relevant information and evidence gathered in the context of the work carried out within the International Centre for the Prosecution of the Crime of Aggression (ICPA).
The establishment of the Tribunal within the Council of Europes institutional framework, as well as the presence of international judges and relevant applicable international law, will ensure that criminal proceedings are conducted in respect of the highest procedural safeguards and applicable international human rights law.
Timeline
- On 23 February 2022, Russia launched its unprovoked and illegal full-scale war of aggression against Ukraine, in violation of the international rules-based order, common principles and rules, and the UN Charter.
- In March 2022, an EU Joint Investigation Team (JIT) was set up with the support of Eurojust into core international crimes committed in Ukraine. Following the discoveries of atrocities committed in Bucha and other liberated areas of Ukraine, the Commission pledged to support the investigation and prosecution of war crimes and crimes against humanity committed in Ukraine.
- In May 2022, the co-legislators approved the Commissions proposal to reinforce Eurojusts mandate to collect and preserve evidence of war crimes. With support from the Commission, in June 2023, the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) started its operations in The Hague. Embedded in the Joint Investigation Team, the ICPA provides a coordination structure to support and enhance ongoing and future investigations into the crime of aggression and contribute to the exchange and analysis of evidence gathered since the start of the Russian aggression.
- In November 2023, the Commission presented different options to the Member States to ensure accountability for the crime of aggression against Ukraine. In January 2023, the first meeting of the Core Group on the establishment of a Special Tribunal took place, with the objective of determining the most appropriate model of Tribunal for the prosecution of Russian leaders for the crime of aggression.
- In May 2023, the Register of Damage started operations in The Hague. The Register is an international body responsible for recording claims of compensation for damage, loss, or injury caused by the war of aggression against Ukraine. In July 2023, the EU became a full member of the Register of Damage.
- Since April 2024, Ukrainian citizens and residents can submit claims for damage or destruction of residential immovable property to the Register. In addition, since 16 January 2025, the Register is recording claims for the death of an immediate family member.
- The Recommendation to open up negotiations to set up a Claims Commission builds on the UN General Assembly Resolution “Furtherance of remedy and reparation for aggression against Ukraine” from November 2022. Such resolution recognised the need to hold the Russian Federation accountable for its acts of aggression in Ukraine and the need for an international compensation mechanism.
For More Information