The Path to the Tribunal for the Crime of Aggression
- The Nuremberg Tribunal called aggressive war the 'supreme international crime.'
- The crime of aggression against Russia is outside the current jurisdiction of the International Criminal Court.
- Therefore, the creation of a special tribunal capable of judging specifically for the initiation of war is being discussed.
- International efforts to hold the guilty accountable have been ongoing for several years.
Russia's war against Ukraine has raised an old but pressing question for international law: how to judge not individual episodes on the battlefield, but the very decision to start an aggressive war. War crimes, crimes against humanity, and genocide already fall under the jurisdiction of the International Criminal Court. However, the so-called 'crime of aggression' — that is, the act of unleashing war itself — has found itself in a legal gap regarding Russia. This is precisely why the creation of a special tribunal is being discussed. Let's explore why this is important and how the work is progressing.
The Nuremberg Legacy
After World War II, the International Military Tribunal in Nuremberg formulated a principle that became the foundation of modern law: the unleashing of aggressive war is not just an international offense, but a 'supreme international crime,' distinguished from others by the fact that it embodies the accumulated evil of an entire conflict. In other words, specific individuals who made the decision to start a war are held accountable.
From this principle follows the logic of personal responsibility: it is not the abstract 'state', but the leaders who gave the orders that bear the blame for all subsequent deaths and destruction.
Why the ICC cannot prosecute for aggression against Ukraine
The International Criminal Court in The Hague has jurisdiction over four categories of crimes. However, its powers regarding the crime of aggression are limited by special conditions: as a rule, the court cannot prosecute citizens of a state that is not a party to the Rome Statute for aggression unless the situation is referred by the UN Security Council.
- Russia is not a party to the Rome Statute.
- Russia is capable of blocking the referral of the situation in the Security Council with its veto power.
As a result, a gap arises: war crimes can be investigated — and the ICC has already issued warrants — but holding accountable specifically for the decision to start a war within the existing mechanisms is difficult.
The idea of a special tribunal
To fill this gap, the creation of a special (ad hoc) tribunal for the crime of aggression against Ukraine is being discussed. Its task is to judge a narrow circle of individuals who made key decisions about the initiation and conduct of the war. Various legal models are being considered: an international tribunal based on a multilateral agreement, a hybrid court with international participation, a mechanism supported by international organizations.
What such a tribunal should establish
- The fact of committing the crime of aggression in a legal sense.
- The circle of individuals bearing personal responsibility for this decision.
- Legal consequences — from convictions to contributions to the overall picture of accountability.
How the work is progressing
International efforts to hold the guilty accountable are being carried out in several directions: collecting and preserving evidence, coordinating between national prosecutors, support from European institutions and relevant international structures. The creation of the tribunal is not a quick process: it requires the agreement of the legal model, composition, and mandate among many states.
Nevertheless, the very fact that the issue has reached the level of serious international discussion shows that the unleashing of war is viewed not as a political episode, but as a crime for which specific individuals are expected to be held accountable.
Frequently Asked Questions
Why can't the case simply be referred to the International Criminal Court?
The ICC can investigate war crimes in Ukraine, but its jurisdiction over the crime of aggression against Russian citizens is limited, as Russia is not a party to the Rome Statute, and it can block the referral of the case in the Security Council with a veto.
What is the crime of aggression?
It is a crime related to the very decision to unleash and conduct an aggressive war. The Nuremberg Tribunal called aggressive war the 'supreme international crime.'
Who can be tried by the special tribunal?
It is expected to consider the responsibility of a narrow circle of individuals who made key decisions about the initiation and conduct of the war against Ukraine.
Is the tribunal already established?
International work is underway to establish it: the legal model, mandate, and composition are being agreed upon. At the same time, evidence is being collected and preserved.
Sources: The Charter and Judgment of the International Military Tribunal in Nuremberg (un.org), the Rome Statute of the International Criminal Court (icc-cpi.int), materials from the International Criminal Court (icc-cpi.int), publications from EU institutions about the tribunal (consilium.europa.eu)
The material is informational and analytical in nature and is based on data from official international organizations. The figures are provided with references to sources. Updated: July 6, 2026. Edited by MegaInet.art.
