EU Joins Special Tribunal to Hold Russia Accountable for Ukraine War

Summary

The European Commission proposes that the EU sign the Enlarged Partial Agreement (EPA) on the Management Committee of the Special Tribunal for the Crime of Aggression against Ukraine. The EU will become a founding member of the Management Committee, which will finance the tribunal, approve its budget, elect judges and prosecutors, and provide non‑judicial advice.

Background

• Russia began an unprovoked war against Ukraine in February 2022.
• The European Council condemned the aggression on 24 Feb 2022 and called for Russia’s full accountability.
• The UN General Assembly adopted resolutions on 2 Mar 2022 and 23 Feb 2023 demanding an end to the war and accountability for the most serious crimes.
• 39 EU member states referred the situation to the ICC on 2 Mar 2022, but the ICC cannot prosecute the crime of aggression under the Rome Statute.
• The EU, the High Representative, and the Council have repeatedly urged the creation of a special tribunal to try those responsible for the aggression.
• From January 2023 to March 2025, the Core Group (about 40 states, the EU, and the Council of Europe) drafted the legal instruments for the tribunal.
• The Lviv Statement (9 May 2025) reaffirmed the commitment to establish the tribunal.
• The Council of Europe’s Committee of Ministers approved the agreement between Ukraine and the Council of Europe (24 June 2025) and the EPA (25 June 2025).
• The EU signed a €10 million contribution agreement on 22 Jan 2026 to set up an Advance Team that will prepare the institutional, logistical and organisational foundations for the tribunal.

Legal basis

• Article 212 TFEU (technical and financial cooperation with third countries).
• Article 218(5) TFEU (Council decision to conclude an agreement).
• The EPA is a non‑binding instrument until the EU completes its internal procedures.

Subsidiarity & proportionality

• The EU’s participation complements, rather than replaces, national actions.
• The EU’s contribution is proportionate to the overall cost of the tribunal.

Budgetary implications

• The EU will pay an annual contribution once the EPA enters into force (likely after 2028).
• The €10 million Advance Team contribution covers staff costs for 2026–2027.
• The EU will also support evidence collection through the International Centre for the Prosecution of the Crime of Aggression (ICPA) and cooperation with Eurojust.

Other EU actions that align with the EPA

• Eurojust’s evidence database (CICED) and the ICPA (established July 2023).
• The Ukraine Facility Regulation (2024) and the Ukraine Compensation Mechanism (Register of Damage, Claims Commission).
• EU sanctions and the Freeze and Seize Task Force against Russia.
• EUAM Ukraine and the Atrocity Crimes Advisory Group.

Decision

The Council will adopt a decision authorising the Commission to notify the Secretary‑General of the Council of Europe of the EU’s intention to join the EPA and to participate in the adoption of the Council of Ministers’ resolution establishing the EPA. The decision takes effect on the day it is adopted.

Broader Context

The creation of a Special Tribunal for the Crime of Aggression against Ukraine is a historic step in international law. Until now, there was no clear way to prosecute leaders for starting an illegal war, even though such wars are banned by the United Nations Charter. The International Criminal Court (ICC) can handle war crimes, crimes against humanity, and genocide, but it cannot prosecute the crime of aggression when it involves countries that are not members of the ICC—like Russia.

This tribunal is designed to fill that gap. It is the result of years of diplomatic work by Ukraine, the European Union, and dozens of other countries. By joining the tribunal’s Management Committee, the EU is helping to set up a new kind of court that could set a precedent for future conflicts. The tribunal will focus specifically on holding Russian leaders accountable for launching the war, not just for crimes committed during it.

The tribunal is also part of a wider effort to support Ukraine’s recovery and ensure justice for victims. It works alongside other EU actions, such as freezing Russian assets, collecting evidence of war crimes, and preparing for future compensation claims.

Impact on EU Citizens

For people living in the EU, this legislation means that their taxes will contribute to the tribunal’s setup and operation. The EU’s share of the costs is relatively small compared to the total budget, but it is a direct investment in international justice and the rule of law.

The tribunal itself will not have authority over EU citizens or change any laws within the EU. However, its work could help prevent future wars by showing that leaders who start illegal wars will be held accountable. This may make the world safer in the long run.

The EU’s involvement also sends a strong message about its values: supporting Ukraine, defending international law, and opposing unprovoked aggression. For many EU citizens, especially those in countries bordering Ukraine or with historical ties to Russia, this is a way to stand in solidarity with Ukraine and uphold the principle that no country should be allowed to invade another without consequences.