Ukraine Finalizes Statute of Special Tribunal for Russian Aggression
After more than two years of intense legal and diplomatic work, the Statute of the Special Tribunal for the Crime of Aggression Against Ukraine has been officially finalized, The Gaze reports.
The announcement was made by Iryna Mudra, Deputy Head of the Office of the President of Ukraine, who emphasized the document’s historical significance for Ukraine and the global system of international justice.
“This is not just a professional milestone — it’s a matter of honor,” Mudra wrote. “Together with our dedicated team, we have prepared a legal instrument that gives the world a real opportunity to hold the perpetrators of this war accountable.”
The statute establishes the legal foundation for the long-awaited Special Tribunal, which aims to prosecute top political and military leaders of the Russian Federation for initiating the war against Ukraine.
Key Provisions of the Statute:
• No Immunity for Aggressors: The statute explicitly excludes any personal immunities, including for acting heads of state. This ensures that the so-called “Troika” of Russia’s top leadership can be indicted. While they hold office, trials in absentia will be postponed — but once they leave office, full prosecution becomes possible.
• International Jurisdiction: The tribunal will operate as an entirely international legal body,am not a hybrid or domestic institution. It will speak in the language of international law on behalf of the global community.
• Clear Definition of the Crime of Aggression: The legal basis is rooted in Article 8 bis of the Rome Statute of the International Criminal Court (ICC), reinforced by UN General Assembly Resolution 3314. This ensures that the definition of the crime is specific, robust, and enforceable.
• Complementary to the ICC: The Special Tribunal is designed to work in coordination with the ICC, not in competition. If a suspect is transferred to the ICC, proceedings at the Special Tribunal will be paused.
• Trials In Absentia: One of Ukraine’s critical achievements was securing the legal mechanism for in absentia trials. This allows for verdicts against suspects even in their absence — including key figures in Russia’s political and military hierarchy, and potentially from Belarus and North Korea.
• Establishing Legal Truth: The tribunal will provide the first official international recognition of the crime of aggression committed by Russia since 2014. Its indictments will serve as authoritative legal statements about who started the war, when, and how, much like the legacy of the Nuremberg Trials.
Mudra underscored the personal and national significance of the achievement:
“We endured doubt, resistance, political pressure, and compromise. But we preserved what matters most: Justice knows no borders. And it does not recognize ranks.”
As The Gaze previously reported, in 2025, the legal basis for a special tribunal on the crime of Russian aggression against Ukraine may be established. The work is expected to begin next year.
Read more on The Gaze: Justice for Ukraine: Can Russia Be Held Accountable for the Crime of Aggression?