Special Tribunal for the Crime of Aggression against Ukraine

I wish to update the House on the Government’s position regarding the establishment of the special tribunal for the crime of aggression against Ukraine. Today the Foreign Secretary is in Moldova to attend the two-day Council of Europe meeting of Ministers for Foreign Affairs where the resolution establishing the operating model for the special tribunal will be adopted.

The special tribunal will have the power to investigate, prosecute and try political and military leaders who bear the greatest responsibility for Russian aggression against Ukraine. It is being established through an agreement between Ukraine and the Council of Europe, supported by participating states via an enlarged partial agreement. The EPA is a Council of Europe agreement that allows members and non-members to collaborate on specific issues.

Negotiations at the Council of Europe have resulted in agreement on the text of the EPA, which sets out the tribunal’s operating model. Adoption of the resolution establishing the EPA is expected to take place during the Council of Europe Foreign Ministers meeting in Chisinau which begins today.

Following adoption, the EPA will not come into force until further negotiations take place and agreement is reached on appropriate conditions. These negotiations will include the number of states required to join the EPA for entry into force, and agreement on budgetary parameters and financial safeguards.

In joining the tribunal, the UK will have a commitment to consider forms of co-operation with the tribunal, and it is likely that co-operation agreements will require primary legislation. We will keep Parliament updated as the process advances.

The adoption of the EPA will mark significant progress towards accountability for Russian aggression against Ukraine. Ensuring the tribunal’s political and financial sustainability will be vital to its success, and we remain committed to working closely with Ukraine and our international partners to deliver a robust mechanism for justice.

Since Russia’s unlawful full-scale invasion of Ukraine, the United Kingdom has remained steadfast in its support for Ukraine and committed to ensuring accountability for atrocities committed during Russia’s illegal war. We are working closely with Ukraine and other international partners to identify effective pathways for justice, both internationally and through supporting Ukraine on domestic prosecution.

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