What the tribunal will investigate

The initiative concerns the Special Tribunal for the Crime of Aggression against Ukraine (STCA), which aims to hold individual political and military leaders criminally accountable for the crime of aggression: the planning, preparation and execution of Russia’s invasion of Ukraine. The tribunal specifically focuses on the alleged crime of aggression itself — the launching of the war — rather than war crimes or crimes against humanity, which already fall under the jurisdiction of institutions including the International Criminal Court (ICC). 

The establishment of the tribunal is taking place under the auspices of the Council of Europe and will proceed in multiple stages. For security reasons, the location where staff members will be housed has not been disclosed.  

Nontheless, the Dutch government has emphasised that the arrival of the preparatory team in The Hague does not automatically mean the final tribunal itself will ultimately be based in the city. A separate procedure is underway to determine the future host country, with any Dutch hosting decision to be taken by the Council of Ministers. 

Closing a legal gap 

According to the municipality, a separate tribunal is necessary to address a legal gap concerning the crime of aggression. While the International Criminal Court is investigating alleged war crimes committed in Ukraine, the ICC does not have jurisdiction over the crime of aggression in relation to Russia, because Russia is not a party to the Rome Statute. 

The preparatory phase will begin with a smaller advance team before expanding into what officials describe as a “skeleton tribunal” consisting of several dozen staff members. In a later phase, participating countries will decide where and how the tribunal will become fully operational and able to handle cases.