Kyiv’s EU Allies Greenlight Tribunal to Try Russian Leaders

EU foreign ministers on Friday approved a tribunal to prosecute Russia’s top leadership for “the crime of aggression against Ukraine,” as they gathered in Lviv on the same day Russia commemorates the end of World War II with a grand military parade in Moscow.

“We welcome the completion of the technical work on the draft legal instruments necessary to establish within the framework of the Council of Europe a Special Tribunal for the Crime of Aggression against Ukraine,” said a joint statement published by Ukraine’s Foreign Ministry on May 9.

Efforts to establish the tribunal were first floated more than two years ago, but progress has been slow due to debates over its legal framework and operational structure.

The return of US President Donald Trump to the White House has accelerated the push, as European officials fear his proposed peace deal with Moscow could let Russia’s leadership escape justice for good.

“It is important and symbolic that European partners stand side by side with Ukraine on Europe Day,” Ukrainian Prime Minister Denys Shmyhal wrote in a social media post.

Previously, May 9 in Ukraine was associated with commemorating World War II. But as Ukraine continues to distance itself from Soviet-era traditions, the country now celebrates Europe Day on May 9, aligning with EU member states where it has been observed since 1985.

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The Illusion of a Peace Deal for Ukraine

Anyone who believes Russia is serious about negotiating a peace deal with Ukraine need only look at what Moscow says to be disabused. For those who consider Zelensky to be the one who is obstreperously rejecting reasonable compromises, let them lay out a point-by-point plan of what they and Russia see as the path towards ending this war. I’ll wager nobody can.

Shmyhal welcomed delegations from 35 countries, along with representatives from the Council of Europe. Among them was the European Union’s top diplomat, Kaja Kallas, underscoring the breadth of international support for the newly approved tribunal.

How will the tribunal work – and will Putin be punished?

Ukraine and its allies want justice for Russia’s full-scale invasion in 2022.

The International Criminal Court (ICC) in The Hague has already issued arrest warrants for President Vladimir Putin over the illegal deportation of Ukrainian children. It has also charged four top Russian commanders for attacks on civilians.

But the ICC cannot prosecute Russia’s leadership for starting the war itself — a crime known as the “crime of aggression.”

A new tribunal, backed by Ukraine and about 35 other countries, aims to fill that gap. It will focus on charging 20 to 30 top Russian officials for their role in launching the invasion.

The court will operate under the Council of Europe, a human rights organization based in Strasbourg. Investigators from Ukraine and several EU countries have already begun gathering evidence.

Officials hope to formally launch the tribunal early next year. The location is still undecided, but The Hague or Strasbourg are possible sites.

Will Putin face trial?

As long as Putin remains in office, he cannot be tried because international law gives immunity to sitting heads of state, prime ministers and foreign ministers.

However, prosecutors can still prepare charges against him. A trial would be delayed until he leaves power.

Other Russian officials without that protection could be tried, even if they are not present in court. If convicted, they could face life in prison and have their assets seized to help pay reparations to Ukraine.