The ongoing conflict between Russia and Ukraine has prompted significant discussions surrounding accountability for war crimes and aggression. At a joint press conference in Lviv on May 9, 2025, Kaja Kallas, the high representative of the European Union for security and foreign policy, and Andriy Sybiha, Ukraine's Foreign Minister, emphasized the necessity of establishing a Special Tribunal to address the crime of aggression committed by Russia against Ukraine. Kallas stated that the tribunal's investigative processes are expected to commence in 2026, although she refrained from specifying exact dates, indicating that preparations should be ready by then.
Kallas highlighted the critical distinction between war crimes and the crime of aggression, asserting that the latter holds a unique significance. "Without aggression, there would be no war crimes committed in Ukraine," she noted. This statement underscores the belief that the leadership of Russia bears responsibility for initiating the conflict, which subsequently led to various war crimes on the ground. Kallas referred to aggression as a "leadership crime," implying that it is the decisions made by top officials that necessitate accountability.
In her remarks, Kallas explained that while war crimes are already under investigation, the crime of aggression is more complex, as it involves the leaders who made the decision to wage war. She affirmed, "It is crucial that this tribunal addresses the crime of aggression," emphasizing the importance of holding those in power accountable for their actions.
Sybiha echoed Kallas's sentiments, expressing confidence that the tribunal would also prosecute high-ranking officials in Russia. He stated, "The President of Russia, the Prime Minister, and the Minister of Foreign Affairs of Russia are all international criminals, and the tribunal will issue appropriate verdicts in relation to these leaders of the Russian Federation." This assertion reflects a strong commitment from Ukrainian officials to ensure that those responsible for the aggression are not allowed to evade justice.
As for the operational aspects of the tribunal, Kallas mentioned that it would be established once Ukraine and the Council of Europe sign and ratify an agreement. The tribunal will be situated in The Hague, known as the capital of international law, and will operate independently of Ukraine, the Netherlands, or the Council of Europe. This independence is crucial, as it allows the tribunal to engage in legal relations with states and private entities without external influence.
The legal framework for the tribunal is designed to enable proceedings in absentia, meaning that verdicts can be rendered even if the accused are not present. Kallas confirmed that while there are limitations when officials remain in office, it is possible to issue verdicts prior to their arrest. "Can they be convicted in absentia? Yes, that is possible," she stated, indicating a pathway for justice even in the absence of the accused.
Furthermore, the tribunal will not act on behalf of the entire international community but will adhere to international law. This structure ensures that the tribunal remains focused on its mandate to address the crime of aggression specifically. Kallas remarked, "It is important that everything is ready and that no one stands above the law. This is a very important signal for the Ukrainian people. Without justice, there cannot be true peace." Her words reflect a deep understanding of the relationship between accountability and the restoration of peace in Ukraine.
As the tribunal gears up for its establishment, there is a clear expectation for its operational launch in The Hague by 2026. Kallas expressed hope for the tribunal to begin functioning organizationally by that time, with investigations into cases of aggression commencing before the year's end. This timeline is pivotal, as it aligns with the broader goals of justice and accountability that both Ukrainian and European leaders are advocating for.
In summary, the establishment of a Special Tribunal for the crime of aggression against Ukraine represents a significant step toward justice for the victims of the ongoing conflict. With leaders like Kallas and Sybiha at the forefront, there is a renewed commitment to ensuring that those responsible for initiating the war are held accountable. The tribunal's work will not only address the past but also serve as a deterrent for future aggressions, reinforcing the principle that no one is above the law.
The collaborative efforts between Ukraine and European diplomats signal a united front in the pursuit of justice, with the Special Tribunal poised to become a cornerstone of international accountability. As preparations continue, the hope remains that justice will prevail, and the voices of those affected by the war will be heard in the halls of international law.
