At the ongoing annual meeting of the Ministers for Foreign Affairs of the 46-member Council of Europe, 36 countries and the European Union* have expressed their intention to join a new Enlarged Partial Agreement establishing the Management Committee of the Special Tribunal for the crime of aggression against Ukraine.
“These states have taken a decisive step towards the actual establishment of the Special Tribunal and the recognition of responsibilities for the aggression against Ukraine. The Special Tribunal represents justice and hope. Action now needs to be taken to follow up on this political commitment by securing the Tribunal’s functioning and funding. The time for Russia to be held to account for its aggression is fast approaching. The path ahead of us is one of justice – and justice must prevail”, said the Secretary General of the Council of Europe, Alain Berset, at the meeting.
Countries urged to expedite ratification
The Secretary General urged states to complete all necessary national procedures to join the Special Tribunal as soon as possible. The tribunal will investigate, prosecute and try those who are primarily responsible for the crime of aggression against Ukraine. It aims to fill a gap in the jurisdiction of the International Criminal Court (ICC) and will hold senior figures involved in this crime to account.
The Ukrainian Minister for Foreign Affairs, Andrii Sybiha, said: ”The moral foundation of Europe and the world will only be restored when the crime of aggression against Ukraine is punished. It is not a matter of the past. It is a matter of the future. A matter of restoring a common space of truth, justice, and trust.”
“The Committee of Ministers has made it clear that a just and lasting peace for Ukraine must be based on accountability. The committee continues, with determination, its work on establishing a comprehensive accountability architecture for Russia’s war of aggression against Ukraine. To ensure the widest possible legitimacy for the Special Tribunal, it is important that other states also join the enlarged partial agreement,” said Mihai Popşoi, Deputy Prime Minister and Minister for Foreign Affairs of the Republic of Moldova, which currently holds the Presidency of the Council of Europe’s Committee of Ministers.
“Those responsible for the terrible crimes against Ukraine must be held accountable. It will not happen overnight – but that does not prevent us from doing everything we can. We do this by hosting the initial phase of the Special Tribunal for the Crime of Aggression against Ukraine in The Hague,” said Tom Berendsen, minister of Foreign Affairs of the Netherlands.
The ministers also welcomed the very broad support from states for the Convention establishing an International Claims Commission for Ukraine and called for further accessions in order to ensure the rapid creation of a compensation mechanism.
The International Claims Commission is the second part of a comprehensive compensation mechanism related to Russia’s war of aggression, which will be based on the Register of Damage for Ukraine.
The Register of Damage, which was set up in 2023, collects and records compensation claims submitted by individuals, organisations and public bodies in Ukraine.
To date, 44 states and the European Union have joined the Register, which has already received over 150,000 claims.
The International Claims Commission will review, assess and decide upon claims submitted to the Register of Damage and determine the amount of compensation, if any, which is due in each case. It will also assess claims received after the Register of Damage has been integrated into the International Claims Commission, as provided for by the convention.
Looking beyond the accountability and compensation mechanisms, the Council of Europe is committed to securing Ukraine’s long-term future through a comprehensive approach centred on democratic reconstruction and accountability.
The Council of Europe is relying on its office in Kyiv and the 80 people working there to implement the Action Plan for Ukraine: ‘Resilience, Recovery and Reconstruction 2023–2026’.
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* The enlarged partial agreement was adopted via a resolution of the Committee of Ministers. Thirty-four Council of Europe member states (Andorra, Austria, Belgium, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, the Republic of Moldova, Monaco, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, Ukraine, the United Kingdom), and the European Union, Australia and Costa Rica, have expressed their intention to participate in the Partial Agreement.
Learn more about the Special Tribunal for the crime of aggression against Ukraine
Find out more about the Convention establishing an International Claims Commission for Ukraine
