The special tribunal for the crime of aggression against Ukraine

The Committee of Ministers of the Council of Europe endorsed the establishment of a Special Tribunal for the crime of aggression against Ukraine at a meeting held in Luxembourg on May 14, 2025. In accordance with the decision of Comittee of Ministers the Special Tribunal is to be established within the framework of the Council of Europe, in accordance with an international agreement between the Council of Europe and Ukraine, the Statute of the Tribunal, and an Extended Partial Agreement governing the modalities of support models to such a Tribunal, its financing, and other administrative aspects. The Special Tribunal will have the mandate to prosecute high military and political leaders for the crime of aggression against Ukraine. The international crime of aggression refers to the decision to use armed forces against another state, in violation of the UN Charter. The need to establish a Special Tribunal for the crime of aggression is justified by the fact that the International Criminal Court does not have jurisdiction to prosecute such an international crime. The Special Tribunal was formally established on June 25, 2025, by an international agreement between Ukraine and the Council of Europe. An integral part of this agreement is the Statute of the Special Tribunal, which is contained in a separate annex. Considering that the Special Tribunal is being established within the Council of Europe, the question arises regarding the relationship of that tribunal with International Criminal Court and the member states of the Council of Europe. Will the member states of the Council of Europe, including Serbia, participate in the work of the Special Tribunal and will they have obligations to cooperate with that tribunal, and what will those obligations pertain to? These are just some of the questions that the author will address in this paper in an attempt to determine the international legal implications of the establishment of the Special Tribunal for the crime of aggression within the framework Council of Europe.