Hague Outlines Legal Model for Special Tribunal on Russian Aggression
The legal model for the future Special Tribunal on the Crime of Aggression against Ukraine will be based on an international agreement between Ukraine and the Council of Europe, creating an independent judicial body to prosecute Russia’s political and military leadership, The Gaze reports, citing Ukrinform.
“The text is not public yet, but it’s expected to be published soon — once the procedure begins within the Council of Europe,” said Frank Hoffmeister, head of the Legal Department of the European External Action Service (EEAS), during a panel in The Hague.
Participation will be voluntary for Council of Europe states, and non-members like Canada and Australia may also join under an “extended agreement,” allowing financial and operational contributions.
The model includes:
• Independent prosecutor and judges
• English as the working language
• Trials in absentia (with right to retrial if the accused appears)
• Evidence sharing with the Ukrainian Prosecutor General and the International Centre for the Prosecution of the Crime of Aggression (ICPA)
“It’s crucial that materials gathered by ICPA and the Ukrainian prosecutor can be transferred to the tribunal,” Hoffmeister said.
Cooperation with the International Criminal Court (ICC) will be coordinated to avoid overlap, with priority given to cases already before the ICC.
Myroslava Krasnoborova of Eurojust emphasized clear mechanisms for evidence sharing, highlighting that ICPA, launched in July 2023, has already prepared investigative materials.
Ukraine’s ambassador to the Netherlands, Andriy Kostin, called the tribunal “exceptional for exceptional circumstances,” referencing Nuremberg and Tokyo as precedents: “We are restoring the principle: no one is above the law.”
Dutch MFA representative Elke Koning reaffirmed The Netherlands’ unwavering support: “We see you, we value you, and we will continue to support you.”
The estimated tribunal cost is €40–50 million, less than the price of two modern battle tanks.
Read more on The Gaze: Ukrainian Foreign Ministry Unveils Legal Design for Special Tribunal on Russian Aggression