Diplomacy — 2026-05-16

Council of Europe Approves Special Tribunal for Crime of Aggression Against Ukraine With 36-Country Backing

BLUFChișinău's approval delivers a governance shell rather than a functioning court, and absent judicial nominations or a prosecution office, claims of "legal reality" outrun what the institution can actually do.

The Council of Europe's Committee of Ministers, at its 135th session in Chișinău on May 15, approved the Enlarged Partial Agreement on the Steering Committee for the Special Tribunal for the Crime of Aggression against Ukraine. Ukrainska Pravda and Ukrinform, both citing the Ukrainian Ministry of Foreign Affairs, reported 37 participating countries and described the agreement as the tribunal's third founding document; Euronews and France 24 reported 36. Ukrainian Foreign Minister Andrii Sybiha, quoted by those outlets, declared "the point of no return had been passed" and the tribunal a "legal reality." The Ministry of Foreign Affairs stated the agreement defines the tribunal's administrative and governance foundations and is open to both Council of Europe member states and non-member countries.

Analysis
Standing up a steering committee is categorically different from seating judges or launching a prosecution office, and comparable mechanisms required 12–24 months minimum between governance establishment and first proceedings. No judicial nominations or prosecutorial appointments have been announced, and whether the tribunal reaches a seated panel by December 2026 cannot be reliably assessed. The open-accession structure, which explains the minor 36-versus-37-state discrepancy across outlets that largely amplified Ukrainian MFA statements rather than reporting independently, signals the coalition remains unfinished. Western capitals may be using governance milestones primarily as a sanctions-maintenance instrument, with no operational expectation of proceedings before any ceasefire shifts the calculus.

5 sources

Council of Europe approves decision to launch special tribunal for Putin - Ukrainska Pravda
'Point of no return': 36 countries join special tribunal to prosecute Vladimir Putin - Euronews
36 countries approve creation of special Ukraine tribunal to prosecute Russia - France 24
Committee of Ministers of Council of Europe approves agreement to establish Special Tribunal - Ukrinform
135th Session of the Committee of Ministers (14-15 May 2026) – Chișinău, Republic of Moldova - Council of Europe – Committee of Ministers