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Foreign Minister Tsahkna: Today we took a historic step in establishing a special tribunal for the crime of aggression against Ukraine

Republic of Estonia - Ministry of Foreign Affairs

09.05.2025

Today 9 May, Foreign Minister Margus Tsahkna participated in the meeting of European Union foreign ministers in Lviv, Ukraine, where the President of Ukraine Volodymyr Zelenskyy announced that he would appeal to the Council of Europe to help create a special tribunal dealing with the crime of aggression against Ukraine. "This is an important event for international justice and it sends a clear message: those who commit the crime of aggression in the 21st century will be held accountable," Foreign Minister Tsahkna said.

The special tribunal's mandate will include investigating the crime of aggression against Ukraine and prosecuting perpetrators. A crime of aggression is the unlawful use of force by one state against the sovereignty, territorial integrity or political independence of another state. The special tribunal can prosecute those most responsible for the crime of aggression. Due to the immunity enjoyed by Russia's top leadership, they will be held accountable when they are no longer in office. "Our common obligation is to ensure that the crime of aggression - the most serious international crime - does not go unpunished," the foreign minister said.

The foreign minister commended the activities of the international core group that discussed the establishment of the special tribunal for the Crime of Aggression, which included 40 countries and representatives of the European Union and the Council of Europe, as well as legal experts who have prepared the founding documents of the special tribunal. "Their commitment is the best reflection of the principles of international cooperation and the rule of law," he noted.

Tsahkna affirmed Estonia's full support for the establishment of the special tribunal. "The international community must show that justice is stronger than violence and justice wins," Tsahkna stressed, adding that a register of the damage caused to Ukraine had already been established at the Council of Europe.

Ukraine will submit a request for the establishment of a special tribunal for the crime of aggression at the meeting of the foreign ministers of the Council of Europe on 14 May. A bilateral agreement between Ukraine and the Council of Europe is needed to establish the special tribunal. Estonia will be represented at the ministerial meeting by Undersecretary for Global Affairs Minna-Liina Lind. Underlining the importance of the current historical moment, Tsahkna called on the member states of the Council of Europe and international partners to swiftly approve the founding documents of the special tribunal and to support the swift launch of the operations of the tribunal.

The creation of a special tribunal within the Council of Europe would complement the work of the International Criminal Court (ICC) in investigating war crimes committed in Ukraine, as the ICC has no general jurisdiction over the crime of aggression.

The Council of Europe was founded on 5 May 1949 and has 46 member states. Based in Strasbourg, France, the Council of Europe aims to promote democracy and protect human rights and the rule of law in Europe. Estonia became a member of the Council of Europe on 14 May 1993.