According to diplomats, the Council of Europe's founding decision is an important step, since the International Criminal Court (ICC) in The Hague currently lacks jurisdiction to prosecute Russia without approval from the UN Security Council.
The Council of Europe, consisting of 46 European member states, has unanimously agreed to the establishment of the tribunal. The organization, which is independent from the EU but works closely with it, views the tribunal as a crucial step in upholding the international rule of law.
According to sources within the EU, significant progress has already been made in practical preparations. A legal framework is being developed to prevent Russian leaders from claiming immunity. Furthermore, evidence is being collected in collaboration with Ukrainian authorities, human rights organizations, and independent investigators.
European Commissioner for Justice Didier Reynders recently emphasized that the EU is providing legal and financial support to make the tribunal operational. This includes funding investigative teams and gathering evidence that can be used in future trials.
Although there is broad international support for investigating and prosecuting Putin, feasibility remains a point of debate. Russia has already stated that it does not recognize the legitimacy of such a court and considers the plans a politically motivated attack. Some countries fear that establishing a special tribunal may further escalate diplomatic tensions.
Despite the geopolitical obstacles, the EU has welcomed the developments. According to Josep Borrell, the EU's foreign policy chief, it is important that Russia is held accountable for its actions.
European Commissioner for Energy Kadri Simson Kallas, a vocal advocate for tough sanctions against Russia, stated in a declaration that justice is inevitable. "It is only a matter of time before the responsible parties are prosecuted. This tribunal will ensure that the atrocities in Ukraine do not go unpunished," Kallas said.
The coming months will be crucial for further legal and practical development. The tribunal is expected to be fully operational during 2025.