On 3 June 2025, as part of the Ukrainian Global Law Talks series organized by the Ukrainian Bar Association, an online discussion took place under the title: “The Special Tribunal Has Been Established – What Comes Next?” The event focused on the current status and the next steps in establishing the Special Tribunal for the Crime of Aggression against Ukraine.

Opening the discussion, Mykola Stetsenko, President of the Ukrainian Bar Association, emphasized that such events are part of the Association’s consistent efforts to keep the legal community informed about key international processes shaping the future of global justice.

Inna Linyova, Director of the Human Rights Institute of the Ukrainian Bar Association, highlighted that the Ukrainian Global Law Talks series is designed to amplify the voices of international experts and negotiators for the benefit of Ukrainian legal professionals, and to create a platform for meaningful professional exchange.

Participants in the discussion included:

• Anton Korynevych, Acting Director of the Department of International Law, Ministry of Foreign Affairs of Ukraine; Ambassador-at-Large, MFA of Ukraine; Agent of Ukraine before the International Court of Justice;
• Jörg Polakiewicz, Director of Legal Advice and Public International Law, Council of Europe.

The discussion was moderated by Mykola Stetsenko and Inna Linyova.

Establishing the Tribunal: Political Decision Adopted, Work Underway

Anton Korynevych noted that the political decision to establish the Tribunal has already been adopted by the Core Group of States. The planned legal framework for its creation is a Council of Europe Enlarged Partial Agreement, which enables the establishment of an international institution even in the absence of consensus within the United Nations framework.

Jörg Polakiewicz confirmed that a draft statute of the Tribunal has already been prepared and is expected to be submitted shortly to the Committee of Ministers of the Council of Europe. Once adopted, this statute will pave the way for the establishment of the Tribunal's institutional structure, the determination of its seat, and the launch of its operational activities.

Jurisdiction Limited to the Crime of Aggression

The Special Tribunal will have a narrow mandate — jurisdiction exclusively over the crime of aggression, enabling the prosecution of senior officials of the aggressor state. This refers to the political and military leadership responsible for planning, preparing, initiating, and executing the act of aggression.

This aspect is of fundamental importance, as the International Criminal Court does not have jurisdiction over the crime of aggression in the case of Ukraine and Russia.

According to Anton Korynevych, the Tribunal may potentially prosecute approximately 20 to 30 individuals for their role in the crime of aggression.

Proceedings May Be Conducted in the Absence of the Accused

Particular attention was given to the possibility of in absentia proceedings. The speakers emphasized that such a format is entirely permissible under international law. Anton Korynevych noted that, despite international legal immunities that may complicate the prosecution of current officeholders, the very establishment of the Tribunal and the issuance of indictments would serve as both a political and legal signal.

Next Steps: Institutional Design and Location

Jörg Polakiewicz stated that once the statute is adopted, the next step will be to establish the institutional structure of the Tribunal, including procedures for the appointment of judges and the prosecutor. At the same time, discussions are ongoing regarding the seat of the Tribunal — The Hague and Strasbourg are among the options being considered.

Funding and Broader International Support

The Tribunal will be funded by the States Parties to the Council of Europe’s Enlarged Partial Agreement. Over 30 countries have already expressed their support, including EU member states, NATO countries, and several states from the Global South.

A full recording of the event is available on the Ukrainian Bar Association’s YouTube channel.

Ukrainian Global Law Talks is a series of events aimed at engaging Ukrainian legal professionals in global legal discourse, providing access to the unique expertise of international experts and key actors shaping the evolving architecture of international justice.