A large coalition of democratic nations has approved the formation of a special court to continue the crime of aggression against Ukraine, a powerful symbolic gesture marking Europe which should face formidable challenges to meet its mission.
Political approval, which consolidates more than two years of behind the scenes between the legal advisers, was sealed on Friday afternoon during a visit to foreign ministers in Lviv, the largest city in western Ukraine.
The opportunity has gathered envoys of nearly 40 European and non -European nations, as well as representatives of the EU and the Council of Europe institutions. Ukrainian Prime Minister Denys Shmyhal, and the Minister of Foreign Affairs, Andrii Sybiha, participated.
The most flagrant absence was the United States, which was closely involved in the Biden administration discussions but changed steering under Donald Trump.
“Each centimeter of the Russian war has been documented. It leaves no room for a doubt in the manifest violation of Russia of the United Nations Charter. It leaves no room for impunity. The aggression of Russia will not remain unpunished,” said the high representative Kaja Kallas.
Ukrainian President Volodymyr Zelenskyy, who tackled The meeting in a video message, said that justice was necessary to achieve the true meaning of human rights and “make any potential aggressor think twice” before launching an attack.
“We all understand how difficult it is to really bring war criminals to the courtroom. But we have already chosen the way. Russia will be held responsible for this war. It is a moral duty for Europe-and for all the members of the world who appreciate human life,” he said.
The status agreed by the coalition provides a court built from scratch with the task of investigating and pursuing a specific offense: the crime of aggression, defined as the preparation and execution of the large -scale invasion of Ukraine.
Unlike war crimes, crimes against humanity and genocide, who apply to people who commit atrocities, Aggression crime is a leadership crime that probes people who are ultimately responsible for controlling the aggressor.
In practice, this will cover the so -called Troika – the President, the Prime Minister and the Minister of Foreign Affairs – as well as high -ranking military commanders who supervised the assault on the sovereignty and territorial integrity of Ukraine.
Vladimir Putin, the brain behind the invasion and the main promoter of his revisionist story, immediately becomes the most sought -after target.
The court will have the power to impose strong sanctions on guilty people, including life imprisonment “when justified for extreme gravity”, the confiscation of personal properties and monetary fines, said an EU official.
The product resulting from any confiscation and fine would be transferred to a new compensation fund for Ukrainian victims, an innovative element which contributes to creating a link “between criminal activity and the right of reparation”, noted the manager.
After the approval of Friday, the legal texts will undergo an official vote on the Council of Europe, an organization of human rights based in Strasbourg which will provide the institutional framework of the new legal entity.
The formal work should start in 2026.
ADVERTISEMENT“It is more than a diplomatic stage; it is a solemn promise to the victims, history and future generations – that justice will be rendered, and this lasting peace will be built on truth, responsibility and the rule of law,” said Michael McGrath, the European Commissioner for Justice, who also traveled to Lviv for the occasion.
Legal constraints
However, the special court will be faced with significant obstacles before it obtained results.
Prosecutors will be authorized to exercise the absent, that is to say without the physical presence of the accused in the room, which will be in the place by legal advice.
But above all, the Troika will remain immune as long as they remain in office, like Euronews previously reported. After thinking about the Russian state according to his own vision, Putin is unlikely to start from the Kremlin so early.
ADVERTISEMENTThe prosecutor could still file an indictment against President Putin, Prime Minister Mikhail Mishustin and Foreign Minister Sergey Lavrov for the crime of assault, but the Chamber will maintain the procedure suspended until the accused's resignation.
“Once they leave the office, a full trial will be possible,” said another EU official, speaking on condition of anonymity. “There is no impunity. Immunity is a temporary suspension of the trial until the person is in power. No more.”
A trial in absentia could be carried out for people outside the Troika who fall under the scope of the crime of aggression, such as military and sea commanders. Those who are condemned in this way will have the right to retract if they appear in person.
Between 20 and 30 Russian officials are estimated at potential charges.
ADVERTISEMENTThe probable targets include Valery Gerasimov, general chief of the Russian armed forces; Sergey Kobylash, Commander of the Russian Air Force; and Sergei Shoigu, former Minister of Defense and current Secretary of the Security Council; All are subject to arrest warrants issued by the International Criminal Court (ICC).
The Special Court aims to fill the gap left by the ICC, which has jurisdiction to pursue the crime of aggression, but only when the offense is committed by part of the State. Russia is not signatory to the status of Rome. In addition, Russia can use its veto in the United Nations Security Council to block any international dispute.
Like the ICC, the new court should be based in The Hague after the Dutch government has expressed interest in welcoming the body, which will be maintained with funds paid by all participating countries, the EU and the European Council. The appointment of prosecutors and judges will be done through an independent panel of experts.
The non-presentation of America
While the Democratic Coalition praised Friday as a break in a search for responsibility for several years, the non-presentation of the United States has revealed the gap of deepening between Washington and its traditional Western allies.
ADVERTISEMENTSince his return to the White House, Donald Trump has promoted rapid diplomatic rapprochement with Putin, going so far as to repeat the Kremlin discussion points publicly. In an infamous moment, Trump attack Zelenskyy as a “dictator against the elections” and changed the blame for the war in Ukraine, the country under invasion.
The approach also took place at the UN, where the United States took the side of Russia to oppose several critical resolutions. One of these resolutions underlined the contribution of the Council of Europe to the establishment of the Special Court on the crime of aggression.
“The suspension of the United States’s participation in the court's establishment process is part of a dozen important concessions that the new US administration has made to Putin,” Radosław Sikorski, Minister of Foreign Affairs, said the day before the trip to Lviv.
“I have not seen a single concession from Putin, and I hope that President Trump, being so well known as the negotiator, will draw the right conclusion.”
ADVERTISEMENTIn Brussels, officials still hope that the White House will finally change their minds and join the initiative, which will remain open to any country that wishes to participate. Trump's relationship with Zelenskyy seems improve from a impromptu to the Vatican last month and the signing of a highly anticipated Deal Minerals.
“I expect the United States finally to join because it has a very good cooperation file with the Council of Europe,” said the EU official.
“I have a reason to believe that the United States will be useful in this process.”
The last time the crime of aggression was brought to justice was during the Nuremberg trials held after the Second World War, when the accusation was known as “crimes against peace”.
ADVERTISEMENTThis article was updated with the comments of President Zelenskyy.
