36 nations back special tribunal to prosecute Putin over Ukraine war: Reports

At least 36 countries, mostly from Europe, have reportedly backed the creation of a special international tribunal to prosecute Russian President Vladimir Putin and other senior officials for the crime of aggression against Ukraine, with the court to be headquartered in The Hague.

As per reports, the agreement was formalised on Friday during the annual meeting of foreign ministers of the Council of Europe, which has spearheaded efforts to address the legal limitations of the International Criminal Court (ICC) in prosecuting Russia over the invasion of Ukraine.

Foreign ministers endorsed a resolution establishing the structure and functions of the tribunal’s management committee, which will oversee budgeting, internal regulations and the appointment of judges and prosecutors.

Ukraine’s Foreign Minister Andrii Sybiha reportedly described the development as a “point of no return” in the pursuit of accountability for Russia’s invasion.

“The Special Tribunal becomes a legal reality. Very few believed this day would come. But it did,” Sybiha said in a statement, comparing the initiative to the post-World War II Nuremberg trials.

He reportedly added that Putin wanted to go down in history. This tribunal will help him achieve this. He will go down in history as a criminal. 

Among the countries signing the resolution were France, Germany, the United Kingdom, Italy, Spain, Poland, the Netherlands and Ukraine. Australia and Costa Rica were the only non-European signatories.

The European Union also endorsed the initiative, although four member states, Bulgaria, Hungary, Malta and Slovakia, apparently did not sign the resolution.

Council of Europe Secretary General Alain Berset urged participating nations to complete legislative procedures and secure funding to ensure the tribunal becomes operational quickly. The EU has already committed EUR 10 million towards the project.

The tribunal is expected to work alongside the Register of Damages, which collects claims from victims of the war, and the proposed International Claims Commission, which would assess compensation claims.

The initiative gained momentum after Russia launched its full-scale invasion of Ukraine in February 2022.

As per reports, supporters of the tribunal argue that the ICC cannot prosecute the crime of aggression in this case because Russia is not a signatory to the Rome Statute and can veto action through the UN Security Council.

Unlike war crimes or crimes against humanity, the crime of aggression is considered a leadership offence targeting those responsible for directing the invasion, including heads of state, prime ministers, foreign ministers and senior military commanders.

Putin is reportedly viewed as the principal target of the tribunal, though officials acknowledged that he and other top Russian leaders would remain immune from trials in absentia while holding office.

However, proceedings in absentia could be initiated against other senior Russian military officials and leaders outside the top political leadership.

The tribunal would have powers to impose penalties including life imprisonment, confiscation of assets and financial fines, which could contribute towards compensation for victims of the conflict.

EU foreign policy chief Kaja Kallas said accountability was essential for lasting peace.

“There will be no just and lasting peace in Ukraine without accountability for Russia and the perpetrators of the horrific crimes committed against the people of Ukraine,” she said.