Search academic texts

Information × Registration Number 0225U003614, (0124U004034) , R & D reports Title Establishment of the Special international criminal tribunal for the crime of aggression against Ukraine: theoretical and practical issues popup.stage_title Створення Спеціального міжнародного кримінального трибуналу щодо злочину агресії проти України: теоретичні та практичні питання Head Svitlana S. Andreichenko, Доктор юридичних наук Registration Date 22-07-2025 Organization Andreichenko Svitlana S. popup.description1 The purpose of the work is to investigate the theoretical and practical aspects of the creation of the Tribunal for the crime of aggression against Ukraine based on a comprehensive analysis of the legal framework, doctrinal basis and practice of international criminal justice, to present the optimal mechanism for the establishment of such a Tribunal, to formulate appropriate scientific and practical proposals. popup.description2 The study comprehensively examines the theoretical and practical aspects of establishing a Special International Criminal Tribunal for the Crime of Aggression against Ukraine (hereinafter – the Tribunal). It argues that the jurisdictional gap and the pursuit of justice form the legal and moral basis for the Tribunal.The study analyses the possibilities and limitations of national courts and the International Criminal Court in exercising jurisdiction over the crime of aggression against Ukraine, as well as the critical discourse surrounding the Tribunal’s establishment, including issues of selectivity, in absentia proceedings, enforcement of decisions, cooperation with the ICC, and funding. The work outlines the chronology of efforts to establish the Tribunal at both national and international levels. It explores various legal models for the Tribunal’s creation: an agreement between Ukraine and the UN based on a recommendation of the UNGA; an agreement between Ukraine and other states; an agreement between Ukraine and an international organisation (UN, EU, or CoE) in the form of a “hybrid” tribunal; and an agreement between Ukraine and the CoE, regarded as the most viable compromise model of an “international” tribunal. It is demonstrated that the model of establishing the Special Tribunal under the auspices of the CoE, with the possibility of an enlarged partial agreement open to other states and organisations, is promising in terms of legitimacy and international support. The Tribunal’s international status would be ensured by the participation of both member and non-member states of the CoE and international judges. With its institutional framework, expert capacity, and human rights experience, the CoE is well positioned to provide a solid legal foundation for restoring justice. The study also analyses jurisdictional issues ratione materiae, temporis, loci, and personae, as well as the application of immunities in the Tribunal’s proceedings. Product Description popup.authors Andreichenko Svitlana S. popup.nrat_date 2025-07-22 Close