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Full Breakdown

Europe and Allies Approve Special Tribunal to Prosecute Russia for Aggression

5/16/2026, 6:20:38 AM

Core Decision and Signatories

On 15 May 2026 the Council of Europe’s Committee of Ministers approved a resolution to create a special tribunal for the crime of aggression stemming from Russia’s 2022 invasion of Ukraine. Thirty-six states – 34 European members, EU, Australia and Costa Rica – pledged to join. Signatories include Austria, Belgium, Croatia, Finland, France, Germany, Italy, Netherlands, Poland, Spain, Sweden, Switzerland, Ukraine and United Kingdom. EU committed €10 million.

Background and Legal Gap

The International Criminal Court cannot try the crime of aggression because Russia is not a party to the Rome Statute and can block UN referrals. The new tribunal is designed to fill this jurisdictional gap and target senior political and military leaders responsible for the war.

Official Statements & Responses

Council of Europe Secretary-General Alain Berset called the tribunal “justice and hope” and urged funding. Ukrainian Foreign Minister Andrii Sybiha called it a “legal reality” and likened it to Nuremberg trials. EU High Representative Kaja Kallas warned that peace in Ukraine cannot be lasting without accountability. The tribunal will sit in The Hague and be overseen by a management committee that will set its budget and appoint judges.

Scope, Structure, and Funding

The tribunal could try senior Russian officials, including President Vladimir Putin, in absentia, and may also consider Belarusian and North Korean participants. The EU’s €10 million pledge forms the initial budget, but Berset said funding is needed for the court to become operational.

Why It Matters

Prosecuting aggression would close a major gap in international criminal law, enable victim compensation through a Register of Damages, and reinforce the principle that state leaders can be held personally responsible for unlawful wars.

Criticism, Concerns, and Opposition

Analysts note the lack of U.S. participation, raising budget concerns. A draft proposal for blanket amnesty for war crimes has sparked debate over the tribunal’s purpose. Four EU members (Hungary, Slovakia, Bulgaria, Malta) and several Balkan and Caucasus states have not signed, and feasibility of trials in absentia remains contested.

Conflicting Reports & Gaps

Sources differ on the exact number of signatories: some list 34 European states plus the EU, Australia and Costa Rica, while others cite 36 countries. The tribunal’s start date remains undefined, and detailed budget allocations beyond the EU’s €10 million pledge have not been disclosed.

Verbatim Quotes

  • “The time for Russia to be held to account for its aggression is fast approaching.” — Alain Berset, Secretary-General, Council of Europe
  • “The Special Tribunal becomes a legal reality. Very few believed this day would come. But it did,” — Andrii Sybiha, Ukrainian Foreign Minister
  • “Putin always wanted to go down in history. And this tribunal will help him achieve this. He will go down in history. As a criminal,” — Andrii Sybiha, Ukrainian Foreign Minister
  • “There will be no just and lasting peace in Ukraine without accountability for Russia and the perpetrators of the horrific crimes committed against the people of Ukraine,” — Kaja Kallas, EU High Representative