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Legal Foundations Laid for Special Tribunal to Address Russia’s Crime of Aggression Against Ukraine


Legal Foundations Laid for Special Tribunal to Address Russia’s Crime of Aggression Against Ukraine

Today, senior legal experts from the European Commission, the European External Action Service, the Council of Europe, Ukraine, and 37 states established the legal groundwork for a Special Tribunal to prosecute Russia for the Crime of Aggression against Ukraine. The "Schuman draft Statute" was introduced as the legal framework for the Tribunal's operations.


European Commission President Ursula von der Leyen emphasized that Russia’s invasion of Ukraine was a severe violation of the UN Charter, and that justice for Ukraine is now in progress. In addition to the Tribunal, a new Claims Commission will be formed to determine compensation for victims, holding Russia accountable for its actions. The European Commission also recommended participation in negotiations for the establishment of this Commission.


The Special Tribunal will be able to hold Russian leaders accountable, and Ukrainian authorities will be able to refer relevant cases to the Tribunal.


"When Russia chose to roll its tanks over Ukraine’s borders, breaking the UN Charter, it committed one of the gravest violations: the Crime of Aggression. Now, justice is coming. Justice for Ukraine. We have laid down the legal foundations for a Special Tribunal. There can also be no justice without compensation. Russia must be held accountable for its aggression – and it must pay. We made a first step towards a Claims Commission with the participation of the EU. This new body will determine claims recorded in the Register of Damage." Ursula von der Leyen, President of the European Commission

"Today we have taken an important step towards establishing a Special Tribunal for the crime of aggression against Ukraine. There is broad international support for this and a broad international commitment to accountability. Unpunished crimes only encourage new atrocities. This is a signal to the world that no one from Russia’s leadership is untouchable."  Kaja Kallas, High Representative for Foreign Affairs and Security Policy/Vice-President of the European Commission

"During the last three years, we have witnessed the atrocities committed by Russia against the Ukrainian people. Let me be clear, these crimes will be met with full accountability. Today is a historic step to bring justice to an unjust war, delivering on our promise for unwavering support to Ukraine and its people. I thank all Core Group participants for their unrelenting commitment to justice, and I look forward to the swift establishment of these crucial mechanisms." Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection

The creation of the Claims Commission and Tribunal is a critical step in ensuring accountability and justice for Ukraine, with the first round of negotiations for the Claims Commission set to begin in March 2025.

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