Abstract Book of the 9th World Conference on Social Sciences
Year: 2025
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Accountability And the Rule of Law: The Special Tribunal for The Crime of Aggression Against Ukraine
Susana Sanz-Caballero
ABSTRACT:
The establishment of a Special Tribunal for the Crime of Aggression against Ukraine within the framework of the Council of Europe represents a significant step in reinforcing the international rule of law. While the International Criminal Court can prosecute war crimes and crimes against humanity, it lacks jurisdiction over aggression in this case. The Special Tribunal seeks to fill this gap by holding senior political and military leaders accountable for the decision to wage war.
The process towards its creation has combined political momentum with legal innovation. In 2025, the Council of Europe, together with Ukraine and a group of supporting states, finalised the legal instruments and endorsed the Agreement establishing the Tribunal. This initiative demonstrates Europe’s capacity to adapt its institutional framework to unprecedented challenges.
More importantly, the Tribunal embodies the principle that no state or leader is above the law. By criminalising the very act of aggression, it affirms that international norms are enforceable, not aspirational. It strengthens the key dimensions of the rule of law—legality, accountability, and equality before the law—at the global level. In doing so, it also addresses one of the recurrent criticisms of international justice: selective enforcement.
The paper will analyse the Tribunal’s mandate, challenges, and broader implications. It argues that this mechanism is not only a path to justice for Ukraine but also a milestone in the consolidation of the international rule of law. It bridges domestic and international orders, reaffirming Europe’s normative identity as a community grounded in democracy, human rights, and accountability.
Keywords: Special Tribunal Ukraine; Crime of Aggression; International Accountability; Rule of Law Challenges