Europe to Investigate Russian Crimes vs Ukraine after US Bows Out

With the United States bowing out of its earlier commitment to at least investigate Russian war crimes in Ukraine, an international coalition of European countries has agreed to establish a new international court to prosecute Russia’s top leaders for its full-scale invasion of Ukraine.

The Special Tribunal for the Crimes of Aggression against Ukraine would target senior Russian leaders for the crime of aggression to cover the countless war crimes Ukraine accuses Russian forces of committing since the start of the war in 2022.

On Europe Day, the Commission, represented by Commissioner Michael McGrath, High Representative Kaja Kallas, the Council of Europe, the Prime Minister of Ukraine, Denys Shmyhal, and the representatives of an international coalition of 20 states gathered in historic Ukrainian city of Lviv, in the midst of the war that Russia launched against Ukraine, to formally endorse the establishment of a Special Tribunal for the Crime of Aggression against Ukraine.

All participants, as per the Lviv Statement adopted on May 9, 2025, welcomed the finalization of the preparatory work required to establish a Special Tribunal within the Council of Europe. They committed to establishing the Special Tribunal, to the swift commencement of its operations, and to supporting it in its work. The symbolism of the day was not missed by the attendees, as it demonstrated European unity on a day when Moscow marks its “victory day.”

“As we celebrate Europe Day, we move closer to justice for the people of Ukraine. We stand fully behind the Special Tribunal, to hold to account those responsible for the heinous crime of aggression against Ukraine. The people of Ukraine deserve justice, and we will do everything in our power to make sure they get it,” observed Ursula von der Leyen, President of the European Commission.

“Today we take a decisive step towards justice for Ukraine. The Special Tribunal will ensure that those most responsible for the aggression against Ukraine are held accountable. Every inch of Russia’s war has been documented. It leaves no room for doubt in Russia’s manifest violation of the UN Charter. It leaves no room for impunity. Russia’s aggression will not go unpunished,” said Kaja Kallas, High Representative for Foreign Affairs and Security Policy/Vice-President of the European Commission.

“Today marks a defining moment for justice, international law, and the future of Ukraine. We are moving forward — not just with words, but with concrete tools: we endorse the Special Tribunal for the Crime of Aggression against Ukraine. We are leading the charge for justice, to bring perpetrators of this illegal war of aggression to account and to assert our unwavering commitment to let the rules-based order triumph over aggression, arbitrary rule, and impunity,” said Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection.

Foreign ministers from the so-called “core group” of at least 37 countries signed the Lviv statement, the document marking the conclusion of work done to draft the necessary legal instruments for the tribunal.

The tribunal could start operating next year.

“This tribunal will ensure that those most responsible for the aggression against Ukraine are held accountable,” EU foreign policy chief Kaja Kallas told reporters

Ukrainian President Volodymyr Zelenskiy said it was a moral duty for Europe to hold Russia accountable for the war. “A strong tribunal for the crime of aggression can – and must – make any potential aggressor think twice,” he said in a video address to the meeting.

The establishment of the Tribunal will be based on an agreement between Ukraine and the Council of Europe. It is now up to the Council of Europe to set up the necessary framework to establish the Special Tribunal, which will derive its jurisdiction from Ukraine.

Once the Special Tribunal is established, Ukrainian national authorities will be able to refer ongoing domestic investigations and prosecutions related to the crime of aggression to the Prosecutor of the Special Tribunal. The evidence gathered in the context of the work carried out within the International Centre for the Prosecution of the Crime of Aggression (ICPA), which is hosted within Eurojust will also be transmitted to the Prosecutor of the Special Tribunal as appropriate.

The International Criminal Court (ICC) in the Hague has already issued arrest warrants for Russian President Vladimir Putin and another Russian official for the forced deportation of children and strikes on Ukraine's energy targets.

But Russia is not a member of the ICC, so it cannot prosecute Putin and other senior leaders for the decision to launch the invasion. Ukrainian and European leaders came up with the special tribunal as an alternative way to hold Russian leaders to account.

“This tribunal is being set up to pass appropriate sentences in the future,” Ukrainian Foreign Minister Andriy Sybiha said in Lviv on the day of the signing.

He added Kyiv wanted the “inevitable punishment for all,” including the “president of Russia, the prime minister of Russia, and the foreign minister of Russia.”