The European Commission has adopted a proposal initiating the process for the European Union to become a founding member of the Special Tribunal for the Crime of Aggression against Ukraine.
Once Member States approve this proposal, the Commission will be able to notify the EU's intention to join the Tribunal as a founding member. The EU will then play a central role in the Tribunal's operations, including as a member of the Management Committee that will govern the Special Tribunal.
The Special Tribunal will have the mandate to prosecute senior political and military leaders for the crime of aggression against Ukraine. It is being set up within the framework of the Council of Europe, following the signature on 25 June 2025 of an agreement between Ukraine and the Council of Europe on the establishment of the Special Tribunal.
Deterrent for aggressors
EU foreign policy chief Kaja Kallas highlighted the importance of providing justice for victims of aggression and a deterrent against would-be aggressors.
“Justice for the victims of aggression is the best route to lasting peace. The pursuit of justice is equally a deterrent for would-be aggressors. At a time when international law is under historical pressure, the right response is more accountability, not less,” said Kallas.
“Setting up the legal process – as we are now doing for Ukraine – takes time, effort and the widest possible international support, but it is worth it,” added the Commission Vice-President.
No peace without accountability
Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, said: “Four years ago, the world awoke to the atrocities committed in Bucha, a quiet suburb of Kyiv, before Russia's war of aggression. We reaffirm that there can be no just peace without accountability.”
He described the Commission’s decision as a “decisive step” towards establishing the Special Tribunal and ensuring that “those responsible for Russia's crime of aggression are held to account”.
According to a Commission press release, the EU has played a leading role in drafting the founding legal texts of the Special Tribunal, which were politically endorsed by an international coalition of States and international organisations on 9 May 2025. The Commission also supports accountability for the crime of aggression through the International Centre for the Prosecution of the Crime of Aggression against Ukraine and a €10 million contribution to the Special Tribunal Advance Team to prepare its operational set-up.