Thirty-seven nations back special tribunal for Ukraine war crimes in Moldova
The Netherlands will host the initial phase of the new legal body, though enforcement challenges remain as Russia is not a member and has been expelled from the organisation.
Thirty-four European countries, alongside Australia, Costa Rica, and the European Union, have signed an agreement in Chisinau, Moldova, to establish a special tribunal aimed at prosecuting Russia for crimes committed during its invasion of Ukraine. The signing, which took place on Friday during talks hosted by the Council of Europe, marks a significant institutional step in the international effort to hold Moscow accountable for the conflict that began in 2022.
The initiative addresses legal gaps that fall outside the jurisdiction of the International Criminal Court, specifically targeting the decision to launch the invasion and issues of reparations. The Netherlands has agreed to host the tribunal’s initial phase in The Hague, a city already home to several other major international legal institutions. This development follows a resolution approved by the Council of Europe last year and an agreement signed by Ukrainian President Volodymyr Zelenskyy to implement the framework.
Ukraine’s Foreign Minister Andrii Sybiha described the signing as a historic day, outlining a three-pillar infrastructure of accountability comprising the Special Tribunal, a Register of Damages, and a Claims Commission. Sybiha drew parallels to the Nuremberg trials, stating that the new body would restore justice from the ruins of war and emphasizing that accountability would not be subject to compromise.
Council of Europe Secretary General Alain Berset framed the tribunal as a representation of justice and hope, urging member states to secure the body’s functioning and funding. He stated that the time for holding Russia to account for its aggression was fast approaching and invited other nations to join the initiative. The move comes just a day after a Russian missile strike on an apartment building in Kyiv killed 24 people, including three children, an event that President Zelenskyy said Ukraine would not allow to go unpunished.
Despite the broad support, the tribunal faces significant enforcement challenges. Russia is not a member of the Council of Europe, having been expelled in 2022, and is unlikely to cooperate with the body. Furthermore, twelve Council of Europe member states have not signed the agreement, including EU members Hungary, Slovakia, Bulgaria, and Malta, as well as Serbia, Bosnia and Herzegovina, North Macedonia, Albania, Armenia, Azerbaijan, and NATO member Turkey. Critics note that without Russian cooperation or extradition treaties, the practical application of the tribunal’s powers remains uncertain.
