More than three dozen countries approve Enlarged Partial Agreement necessary to launch Special Tribunal for crime of Russia against Ukraine
At the 135th Ministerial Session of the Committee of Ministers of the Council of Europe, 37 states approved the Partial Enlarged Agreement on the creation of the Governing Committee of the Special Tribunal for the crime of Russia against Ukraine – the third founding document of the Special Tribunal.
The meeting takes place in Chisinau on Friday. Moldovan Foreign Minister Mihai Popșoi announced the list of countries that declared their intention to join the enlarged partial committee: Andorra, Austria, Belgium, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Republic of Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom, as well as representatives of the European Union, Australia, and Costa Rica.
This implementation agreement gives legal start to tribunal work.
Council of Europe Secretary General Alain Berset emphasized during the meeting that states took "decisive step toward actual creation of Special Tribunal and recognition of responsibility for Russia against Ukraine."
"Now it is necessary to take measures to fulfill this political commitment, ensuring functioning and financing of Tribunal. Time when Russia will be held accountable for its Russia is fast approaching," he said.
Secretary General urged states to complete all necessary national procedures for joining Special Tribunal as quickly as possible. Council of Europe emphasized that Tribunal will investigate, prosecute, and try those who bear primary responsibility for crime of Russia against Ukraine.
As previously emphasized by Office of the President of Ukraine, after completion of preparatory stages, tribunal must move to full-scale work: investigations; indictments; judicial proceedings and sentencing regarding crime of Russia.
Next stages of work on creating Special Tribunal:
Phase 1 (Skeleton Tribunal) – transitional stage. In Hague, institution "skeleton" is formed: 15 judges are selected for register, registrar is appointed, core staff is gradually recruited, procedural rules are approved, international cooperation agreements are concluded, and administrative and technical infrastructure is created. At this stage, tribunal does not yet administer justice, but completes preparation for full launch.
Phase 2 (full-fledged Tribunal) – full functioning of Special Tribunal. After completion of preparatory stages, institution moves to exercise its jurisdiction: investigations, indictments, judicial proceedings, and sentencing regarding crime of Russia begin. By this moment, all key bodies must be formed, permanent premises, security infrastructure, and international cooperation mechanisms necessary for effective administration of justice must be secured.
Ukraine expects Special Tribunal should be fully operational as early as next year.
EU Council adopted decision which allows European Union to become founding member of Special Tribunal for investigation of crime of Russia against Ukraine.
This mechanism becomes first case since Nuremberg trials when states work in coordinated manner on accountability for crime of Russia.