International coalition of states endorse establishment of the Special Tribunal for the Crime of Aggression

On 9 May 2025, the founding documents for the creation of a Special Tribunal for the Crime of Aggression Against Ukraine were given political approval by high-level representatives of the Government of Ukraine, the Council of Europe and the European Union at a ceremony in Lviv, the birthplace of modern international criminal law. 

The political approval included support of at least 37 of the ‘Core Group’ of States negotiating the terms of the Tribunal, including the United Kingdom. This significant step comes just ahead of the meeting of the Council of Europe’s foreign ministers on 14 May 2025, where Ukrainian Foreign Minister Andriy Sybiha will formally submit a letter requesting formal approval of the Agreement, between Ukraine and the Council of Europe, to create the Tribunal. 

Discussions on the creation of the Tribunal have been ongoing since the full-scale invasion of Ukraine by Russia in Feb 2022. In Feb 2025, the key stakeholders laid down the legal foundations for the establishment of the Tribunal, including the key elements of the “Schuman draft Statute”, the core legal text that will govern the functioning of the Special Tribunal. 

Implementation of the foundational documents will take place under the auspices of the Council of Europe, where the next stage will involve discussions around how to operationalise the Tribunal and finalising the legal framework.

Aarif Abraham acts as an adviser to the Government of Ukraine, instructed by the Ministry of Foreign Affairs (MFA) and supporting the Office of the President, through H.E Amb. Dr. Anton Korynevych. 

Aarif is led by Prof. Philippe Sands KC and is part of a core team advising the Ministry of Foreign Affairs on the Special Tribunal since the full-scale invasion in Feb 2022.

More information can be found in the Official Press Releases from the Council of Europe, available here; the UK Government, available here,  and the Ukrainian Ministry of Foreign Affairs, available here. 

For further information about Aarif, please contact our International Practice Manager Naomi Smith.