A Council of Europe Tribunal to Prosecute Putin for the Crime of Aggression in Ukraine
Russia’s attack on Ukraine is the most blatant violation of Article 2(4) of the U.N. Charter since its inception in October of 1945. Russia’s invasion of Ukraine, aided by Belarus, does not just represent a clear violation of international law; it represents a threat to the foundational principle that underpins the modern legal order of the world. The international community must ensure that Vladimir Putin is held accountable for the crime of aggression in a forum that reflects the collective will of the world by supporting the tribunal established by the Council of Europe.
Section II of this article explores the historical development of the crime of aggression, beginning with the prosecution of German and Japanese leaders after World War II for their role in instigating the conflict. This section also explored the U.N. Charter, binding on 193 nations, including Russia, which prohibits the use of force, as well as the International Criminal Court’s (ICC) definition of the crime of aggression. Section III notes legal challenges of prosecuting Putin for the crime of aggression, to include overcoming head of state immunity challenges, claims of selective justice by Western nations, and securing Putin’s presence at trial. Sections IV and V examine the composition of previous successful international tribunals, which portions of those tribunals will not work for a Ukraine Tribunal, and aspects of previous successful tribunals that could work for a Ukraine Tribunal. Section VI explores leading proposals for establishing a Ukraine Tribunal to hold Putin accountable for the crime of aggression. Section VII proposes the international community, to include the United States, should support a Council of Europe tribunal.
The Secretary General of the Council of Europe and Volodymyr Zelenskyy have already signed an agreement to establish a Special Tribunal to prosecute Putin for the crime of aggression. The U.N. General Assembly should endorse the Special Tribunal for the Crime of Aggression against Ukraine and states from every continent should publicly support the agreement and assist with the Special Tribunal to demonstrate the will of the international community to condemn and deter the crime of aggression and preserve the post-World War II world order.
Russia’s invasion of Ukraine in February 2022 posed a direct threat to the current world order. Under international law, other nations could have lawfully taken military action in collective self-defense in Ukraine. As noted by Gabriel Boric, President of Chile, in July 2023, “today it is Ukraine, but tomorrow it could be any of us.” The international tribunal established to hold Putin accountable for his international crimes, including the crime of aggression, must send a clear message to Putin and the world that the international community will not tolerate such blatant violations of international law or the established world order.
Recommended Citation: Erin A. Kenny, A Council of Europe Tribunal to Prosecute Putin for the Crime of Aggression in Ukraine, 49 Fordham Int'l L.J. 895 (2026).