Thirty-six countries and the European Union* expressed their intention to join a new Enlarged Partial Agreement establishing the Steering Committee of the Special Tribunal for the Crime of Aggression against Ukraine. The announcement was made at the annual meeting of the foreign ministers of the Council of Europe’s 46 member states.
“States have taken a decisive step towards putting the Special Tribunal into operation and establishing accountability for the aggression against Ukraine. The Special Tribunal represents justice and hope. This political commitment must now be followed by action to ensure the Tribunal’s operation and funding. The time when Russia will have to answer for its aggression is approaching. The path ahead is one of justice — and justice must prevail,” said Council of Europe Secretary General Alain Berset at the meeting.
Countries urged to accelerate the ratification process
The Secretary General encouraged states to complete all necessary domestic procedures to join the Special Tribunal as soon as possible. The Tribunal is mandated to investigate, prosecute and try those most responsible for the crime of aggression against Ukraine. It is intended to fill a gap arising from the limits of the International Criminal Court’s (ICC) jurisdiction and to hold senior officials involved in the crime accountable.
Ukraine’s Foreign Minister, Andrii Sybiha, said: “The moral foundations of Europe and the world will be restored only when the crime of aggression against Ukraine has been punished. This is not a matter of the past. It is a matter of the future. It is about restoring a shared space of truth, justice and trust.”
“The Committee of Ministers has made clear that a just and lasting peace for Ukraine must be based on accountability. The Committee is resolutely continuing its work to establish a comprehensive accountability framework for Russia’s war of aggression against Ukraine. To ensure the broadest possible legitimacy for the Special Tribunal, it is important that other states also join the Enlarged Partial Agreement,” said Mihai Popșoi, Deputy Prime Minister and Minister of 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 committed against Ukraine must be brought to justice. This will not happen overnight, but that does not prevent us from doing everything in our power. It is in this spirit that we are hosting in The Hague the initial phase of the Special Tribunal to try the crime of aggression against Ukraine,” said Tom Berendsen, Minister of Foreign Affairs of the Netherlands.
The ministers also welcomed the strong support among states for the Convention establishing an International Claims Commission for Ukraine and encouraged further accessions to enable a compensation mechanism to be established promptly.
The International Claims Commission will be the second component of a comprehensive compensation mechanism related to Russia’s war of aggression, building on the Register of Damage for Ukraine.
Established in 2023, the Register of Damage collects and records claims for compensation submitted by individuals, organisations and Ukrainian public authorities.
To date, 44 states and the European Union have joined the Register, which has already received more than 150,000 claims.
The International Claims Commission will examine and assess claims submitted to the Register of Damage for Ukraine, make decisions on them and determine the amount of any compensation due in each case. It will also consider claims received after the Register of Damage is incorporated into the Commission, as provided for by the Convention.
In addition to accountability and compensation mechanisms, the Council of Europe is supporting Ukraine’s long-term future through a comprehensive approach focused on democratic recovery and accountability.
The Council of Europe is implementing its Action Plan for Ukraine, “Resilience, Recovery and Reconstruction 2023–2026,” through its Office in Kyiv and the 80 people working there.
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* The Enlarged Partial Agreement was adopted by 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 and the United Kingdom), together with the European Union, Australia and Costa Rica, expressed their intention to participate in the Enlarged Partial Agreement.
FAQ on the Special Tribunal for the Crime of Aggression against Ukraine
FAQ on the Convention establishing an International Claims Commission for Ukraine