EU optimistic about joining Special Tribunal to prosecute Russian aggression against Ukraine
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It is increasingly likely that the European Union will formally back a new court with a mandate to prosecute Russia's leadership for the crime of aggression, according to a senior official in the EU's diplomatic arm.
"I am pretty optimistic that a positive decision will come" from the negotiations to have the EU sign up, said Frank Hoffmeister, director of the legal department in the European External Action Service.
Hoffmeister spoke at an event organized by the European Policy Center think tank in Brussels, where he told the Kyiv Independent "I want to send a positive signal."
The special tribunal for prosecuting the crime of aggression against Ukraine was signed off by the Council of Europe in May 2025. The idea comes from legal scholar Philippe Sands, who identified the need for a special court to directly prosecute this breach of international law, for which the International Criminal Court lacks jurisdiction.
Since then, the Netherlands has come forward as the country willing to host the tribunal, preparatory work has been underway to collect evidence, and countries have begun signing on as supporters.
The Kyiv Independent confirmed that enough countries were ready to do so, ahead of the formal announcement that the critical threshold of 16 signatory countries was reached.
Being a signatory comes with obligations to provide funding and legal expertise to the tribunal, but it also comes with a say over when and how it will work.
The European Commission declared at the end of March that it is interested in having the EU be a signatory in its own right.
Hoffmeister's comments at the event confirmed the legal process: that only a qualified majority (QMV) — 55% of EU countries representing 65% of the population — is required to endorse the proposal, rather than a majority.
The proposal is currently being discussed by technical experts from EU countries before it will be presented to EU ambassadors, and then finally for a vote by national ministers.
Hoffmeister also noted that the EU has voted similarly before. In December, EU countries authorized the Commission via QMV to sign on to the International Claims Commission, a body tasked with deciding to award compensation to Ukraine for damages caused by Russia during the war.
The Council of Europe's highest-level meeting, the Committee of Ministers, will take place on May 15, by which date the EU hopes to have signed on to the special tribunal.
