The Bar Issues Council of the International Bar Association (IBA) unanimously passed a resolution calling for the creation of a Special UN-backed Tribunal for the crime of aggression against Ukraine at its meeting on May 27, 2023. The draft document was designed on the initiative and with the participation of the Ukrainian Bar Association.

In the resolution, the IBA recalled that the war in Ukraine violates international law, puts international security at risk, and has caused a humanitarian crisis.

As the document states, the Association is mindful of the fact that while the International Criminal Court, the European Court of Human Rights and the International Court of Justice are able to review those cases and crimes committed in Ukraine that fall within their respective jurisdictions, the crime of aggression does not.

At the same time, the IBA resolution notes, there is a growing consensus at the international level for establishing a Special international criminal tribunal for the crime of aggression against Ukraine.

In view of the above, the resolution states that the IBA:

• once again, condemns Russia's war of aggression against Ukraine;
• confirms its strong support for Ukraine’s independence, sovereignty, and territorial integrity within its internationally recognized borders;
• urges the governments of the UN member states to support and endorse the setting up of a Special international criminal tribunal for the crime of aggression against Ukraine.

The full text of the resolution can be found at this link.