The establishment of a Special Tribunal for Russian Aggression against Ukraine

Filling the Accountability Gap

This report, "Filling the Accountability Gap: The Establishment of a Special Tribunal for Russian Aggression against Ukraine," was prepared by the British NGO Justice and Accountability for Ukraine (JAFUA) in collaboration with experts in International law and Special Tribunals. It provides an in-depth analysis of the legal, political, and historical context surrounding the crime of aggression and the necessity of a Special Tribunal to hold Russian leaders accountable.

The report outlines the progress made by the Core Working Group, a coalition of over 40 states, legal scholars, and international organizations working toward establishing a tribunal under the Council of Europe mechanism. It highlights the legal justifications for prosecuting the crime of aggression, tracing its evolution in international law and addressing key challenges, including jurisdiction, immunities, and political constraints.

A key focus is the geopolitical and strategic considerations influencing the tribunal’s establishment, particularly the role of European leadership and the necessity of broader international support. The report also details the International Center for the Prosecution of the Crime of Aggression (ICPA), based in The Hague, and its role in evidence collection.

By underscoring the moral, political, and legal imperatives of prosecuting Russian aggression, the report reinforces the urgency of holding perpetrators accountable to preserve the international rules-based order. It serves as a call to action for governments, legal practitioners, and civil society to support the tribunal’s acceleration and implementation.

Experts involved

Jason McCue

Founding Partner,
McCue Jury & Partners LLP, JAFUA Chief Legal Counsel

Mark S Ellis

Executive Director, International Bar Association

Philippe Sands

British and French writer, lawyer at 11 King's Bench Walk, Professor of Laws and Director of the Centre on International Courts and Tribunals at University College London

David Crane

Founding Chief Prosecutor

UN Special Court for Sierra Leone

Jennifer Trahan

Director of the Concentration in International Law & Human Rights, NYU Center for Global Affairs

“The crime of Aggression is considered the supreme crime in international law. Failure to address it is a global problem and therefore a global issue to resolve. It poses a threat to all of us, not just to Ukrainians”

Jason McCue,
JAFUA Chief Legal Counsel
and Senior Partner at McCue Jury & Partners

Filling the Accountability Gap

JAFUA reports on the progress of the Tribunal to hold Russian leadership accountable for the crime of aggression. It addresses the essential questions of Why, How, Who, and When.