Overview

• Ukrainian President Volodymyr Selenskyj and Council of Europe chief Alain Berset formalized the agreement in Strasbourg on June 25 to launch the special tribunal.
• The court will operate under the Council of Europe in The Hague and focus on prosecuting Russia’s political and military leaders for the crime of aggression.
• The ICC lacks authority over acts of aggression, a limitation the new tribunal is designed to overcome by targeting the decision to invade Ukraine.
• Head-of-state immunity means trials of sitting leaders like Vladimir Putin can only proceed after they leave office, although proceedings in absentia remain an option.
• Council of Europe members and the EU will be invited to join in the coming months while the tribunal’s operational framework is finalized.