A coalition of 38 countries, which includes all members of the European Union, announced notable advancements on Tuesday in their initiative to create a special tribunal aimed at holding Russia's political and military leaders accountable for the acts of aggression committed against Ukraine.

Legal experts and attorneys have made considerable progress in formulating the legal statute that will establish the tribunal and outline its jurisdiction.

While the statute is not yet complete, the coalition is optimistic about securing its approval by the year's end.

Michael McGrath, the European Commissioner for Democracy, Justice, and the Rule of Law, expressed optimism about the process, noting that no significant obstacles are anticipated at this point.

The tribunal, set to function under the auspices of the Council of Europe, intends to prosecute individuals, including Russian President Vladimir Putin.

Alain Berset, the Secretary-General of the Council of Europe, underscored the urgency of advancing, declaring that 'waiting is not an option,' with a focus on concluding the work by the end of the year.

Ukrainian President Volodymyr Zelensky has strongly advocated for the tribunal as a means of ensuring accountability for the invasion that Putin initiated nearly three years ago.

Unlike war crimes, crimes against humanity, and genocide, crimes of aggression specifically target leadership figures who are responsible for launching or overseeing acts of aggression by a state, such as invasions or occupations.

The International Criminal Court (ICC) characterizes the crime of aggression as actions that, due to their nature, gravity, and scale, represent a clear violation of the United Nations Charter. As the ultimate authority in Russia, Putin is considered the primary candidate for prosecution.

Nevertheless, heads of state are protected by immunity under international law, and any trial in absentia may encounter issues related to legitimacy.

Given Russia's lack of signatory status to the Rome Statute that regulates the ICC, Kyiv and Brussels have been investigating the possibility of establishing an ad-hoc tribunal to prosecute Russia's aggression against Ukraine.

High Representative Kaja Kallas emphasized the importance of accountability for the crime of aggression, asserting that it is essential to ensure that no member of Russia’s leadership remains unreachable.

Iryna Mudra, a deputy head of Zelensky's office, referred to the legal advancements as a 'major breakthrough,' highlighting that the tribunal is vital to deter future acts of aggression.

The last comparable instance of prosecuting crimes of aggression took place during the Nuremberg trials after World War II, where such charges were termed 'crimes against peace.'