On May 15, the Council of Europe finalized an extended partial agreement to establish a Special Tribunal aimed at addressing Russia’s aggression against Ukraine. This significant decision was announced during a meeting of the Committee of Ministers in Chișinău, where representatives from 36 countries and the European Union expressed their intent to join the agreement.
Among the nations committing to the tribunal are 34 member states of the Council of Europe, including Andorra, Austria, Belgium, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Moldova, Monaco, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, Ukraine, and the United Kingdom. Additionally, Australia and Costa Rica have also indicated their support.
Alain Bergès, the Secretary General of the Council of Europe, emphasized the importance of this initiative, stating, “These countries have taken a decisive step towards the actual establishment of the Special Tribunal and the acknowledgment of responsibility for aggression against Ukraine. The tribunal represents justice and hope. It is now crucial to take action to implement this political commitment, ensuring the tribunal’s operation and funding. The time for holding Russia accountable for its aggression is rapidly approaching.”
The Council of Europe noted that more countries may join the agreement in the future. The tribunal will focus on investigating, prosecuting, and adjudicating individuals deemed responsible for the crime of aggression against Ukraine, addressing a gap in the jurisdiction of the International Criminal Court, which faces procedural limitations in prosecuting such crimes.
Ukrainian Foreign Minister Andrii Sybiha remarked that the moral foundation of Europe and the world will only be restored when the crime of aggression against Ukraine is punished. He highlighted the tribunal’s role in achieving this objective.
In a related development, the Netherlands has agreed to host the initial phase of the tribunal’s operations in The Hague. Dutch Foreign Minister Tom Berendsen confirmed the country’s acceptance of this responsibility.
Furthermore, ministers acknowledged the support for the Convention on the establishment of an International Claims Commission, which serves as a second component of the compensation mechanism following the establishment of the Register of Damages. Currently, 38 countries and the European Union have signed the convention.
The International Claims Commission will review, assess, and make decisions on claims submitted to the Register of Damages, determining compensation amounts where applicable.
As of now, 44 states and the EU have joined the Register of Damages, which has received over 150,000 compensation claims. On April 30, the European Parliament endorsed the swift establishment of the Special Tribunal for the crime of aggression against Ukraine, urging all EU member states to join.
On June 25, 2025, Ukrainian President Volodymyr Zelensky and Secretary General Alain Bergès signed the agreement for the Special Tribunal to investigate the crime of aggression against Ukraine, with Zelensky instructing his team to create a clear timeline for the tribunal’s establishment.
The Council of Europe has officially finalized plans for a Special Tribunal to address Russia's aggression against Ukraine, with 36 countries and the EU expressing intent to join. This tribunal aims to fill jurisdictional gaps in prosecuting the crime of aggression and will be based in The Hague.