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A landmark step towards accountability for the crime of aggression
Earlier this month, the European Commission, the Council of Europe and an international coalition of 37 states, among which Norway, officially endorsed the establishment of a Special Tribunal for the Crime of Aggression against Ukraine. In this interview, Dr Gaiane Nuridzhanian explains what the crime of aggression is, why the Special Tribunal is created, and what its creation means for the future of international law. For an in-depth discussion of this topic, see Lawyering Peace podcast with Dr Gaiane Nuridzhanian.
What is the crime of aggression and why is this new tribunal needed?
The crime of aggression is the planning, preparing, initiating and executing of an act of aggression by one state against another. Essentially, the crime consists in starting and waging an unlawful war. This is the use of armed force by one state to attack another state in breach of international law rules prohibiting the use of force. The International Criminal Court (ICC), a permanent court based in The Hague, has jurisdiction over the crime of aggression, but the ICC can exercise this jurisdiction only if both the aggressor and victim states are parties to the Rome Statute, the ICC’s founding treaty. Because Russia is not a state party, the ICC cannot prosecute the crime of aggression committed by Russia’s leadership.
Realistically speaking, how would the timeline look like in terms of establishing the Special Tribunal?
The formal process of establishing the tribunal started this May and it is possible that the tribunal will start functioning already next year, in 2026. Other bodies created to collect evidence of crimes committed during the war in Ukraine and the harm caused by these crimes are already operational. These are the International Centre for the Prosecution of the Crime of Aggression and the Register of Damage for Ukraine. Both institutions are likely to assist the work of the Special Tribunal.
Why is this tribunal created under the auspices of the Council of Europe and not the UN? For instance, other international criminal tribunals such as tribunals for the former Yugoslavia and Rwanda were created by the UN Security Council. Will a Special Tribunal created by Ukraine and the Council of Europe alone have as strong of a mandate as the other ad hoc tribunals created by the UNSC?
The Special Tribunal for the Crime of Aggression of Ukraine is to be created based on a bilateral agreement between Ukraine and the Council of Europe. One reason for this is Russia’s permanent membership and veto power in the UN Security Council which makes a special tribunal for Ukraine based on the UN SC decision a non-starter. Another reason is that Ukraine and the Council of Europe have a long history of cooperation in the area of human rights and the rule of law. Other institutions working towards justice in Ukraine, such as the Register of Damages caused by the Russia’s Aggression, are also established within the Council of Europe framework. As regards the mandate, a regional court based on a well-established regional organisation such as the Council of Europe is not less legitimate than a tribunal established with the UN involvement. In addition, the agreement on the functioning of the Special Tribunal will be open to European and non-European states. The possibility of states joining this agreement and the involvement of the Council of Europe in the creation of the Special Tribunal only strengthens its mandate and legitimacy.
As to trials in absentia, how would the Special Tribunal enforce the eventual outcomes of any trials in absentia of the Russian leadership?
In absentia trials before the Special Tribunal has been one of the most debated issues. In my view, the Special Tribunal should be able to hold trials in absentia where suspects have waived either explicitly or implicitly their right to appear before the tribunal. That said, the right to a fair trial demand that an absent defendant’s interests are properly represented.
In the context of the Special Tribunal, what does justice entail for Ukraine and Ukrainians?
The establishment of the Special Tribunal is crucial for bringing justice for Ukraine and millions of Ukrainians who have suffered from the war. But it is also an important global development. The creation of the Special Tribunal is a significant step in avoiding impunity for violations of international law rules that exist to protect state sovereignty and territorial integrity. Unlawful wars of territorial conquest and colonisation, such as Russia is waging in Ukraine, belong in the past and should not go unpunished.
More on the Special Tribunal for the Crime of Aggression against Ukraine - Lawyering Peace podcast with Dr Gaiane Nuridzhanian:
Interview with Dr Gaiane Nuridzhanian, interviewed by Charlotte Buksrud.
Publisert: 23.05.2025
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Presentasjon av ny lærebok i Utenriksdepartementet
Professor Sondre Torp Helmersen publiserte læreboken Folkerett i januar 2025. 10. April 2025 presenterte han denne boken i Utenriksdepartementets rettsavdeling, der han selv jobbet fra 2012 til 2013.
Helmersen snakket blant om formålet med boken, som først og fremst skal være en lærebok for jusstudenter, men som også skal kunne brukes av praktikere. Utformingen av boken derfor henger sammen med grunnene til at jusstudenter lærer folkerett. Visse temaer, som folkerettslig metode, jurisdiksjon og immunitet, er viktig for alle norske jurister. Folkeretten har fått en gradvis viktigere plass i norsk rett de siste tiårene. Dessuten er det noen jurister som jobber med folkerett, noe som særlig gjelder de som havner i Utenriksdepartementets rettsavdeling. Å lære folkeretten gir dessuten et utenfra-perspektiv på det norske rettssystemet, og gir forståelse av hvordan det internasjonale samfunnet fungerer.
Publisert: 22.04.2025
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Jurisconsult of the European Court of Human Rights visits Faculty of Law at UiT
ECHR Jurisconsult Anna Austin
Anna Austin has worked at the Council of Europe for 30 years, first as a lawyer at the European Commission of Human Rights and later at the European Court of Human Rights. Ms Austin served as Deputy Jurisconsult from 2015 to 2020 when she was appointed Jurisconsult of the Court. As Jurisconsult, she worked to develop and launch in 2022 the Knowledge Sharing platform, which has revolutionised access to the European Convention on Human Rights (ECHR) and Council of Europe standards.
What is the ECHR Knowledge Sharing Platform?
The ECHR Knowledge Sharing platform provides access to comprehensive and up-to-date information on the case-law of the European Court of Human Rights. This information is supplemented by references to the relevant international and Council of Europe standards as well as academic publications. The Knowledge Sharing platform is a very useful tool for scholars and students doing research on European human rights law.
Tasks of the Directorate of the Jurisconsult
Among the other tasks of the directorate of the Jurisconsult are providing information on the case-law to members of the Court as well as external audiences, conducting research on ECHR case-law and on international and comparative law, facilitating dialogue with national courts and exchanges with the Council of Europe bodies and academic institutions.
Relevant Elective Law Courses at UiT
Are you interested in human rights? JUR-3615 European Human Rights is an elective subject at master degree level at UiT Faculty of Law. Other relevant elective subjects are JUR-3617 Barns menneskerettigheter (in Norwegian), JUR-3620 International law and armed conflict, and JUR-3626 International Criminal Law, Atrocity Crimes, and Transitional Justice.
Publisert: 09.04.2025
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