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By Ivan Kholostenko
I n today’s global world, where all nations aspire to peace, respect for sovereignty, and the rule of law, war can no longer be treated as a “private matter” between states. When a state violates the United Nations Charter by invading another country, such actions must trigger legal and unavoidable accountability — not just political concern.
That is why on 25 June 2025, the President of Ukraine, Volodymyr Zelenskyy, and Secretary General of the Council of Europe, Alain Berset, signed an agreement in Strasbourg to establish the Special International Tribunal for the Crime of Aggression committed by the Russian Federation.
This will be the first tribunal of its kind since the Nuremberg Trials — one that focuses not only on the consequences of war, but on punishing the decision to launch it. People, accused of the crime of aggression, will be held liable regardless of their positions.
In this comment, we would like to highlight and explain the most important facts concerning the Tribunal.
What makes this tribunal different and why the International Criminal Court alone is ot Sufficient
Under the Rome Statute, the International Criminal Court (ICC) cannot prosecute aggression unless both the aggressor and victim are state parties. Since Russia is not, the crime of aggression remains outside its jurisdiction — a legal vacuum the Tribunal aims to fill.
The Tribunal, on the other hand, is a hybrid legal mechanism, distinct from the ICC. Within it:
Proceedings may be held in absentia,which means the criminals are prosecuted, even if they avoid coming to the court.
Its mandate begins from 2014, when Russian political and military leadership occupied Crimea.
If the Tribunal rules that launching the war was a crime, even top-level officials — the President, Prime Minister, or Foreign Minister of Russia — can be held accountable. This would send a powerful signal that aggression has consequences.
The Tribunal is not symbolic — it is a functional instrument of international justice.
Why the crime of aggression matters – including for Nigeria
The crime of aggression is a deliberate decision to start a war in violation of international law. It serves as the foundation for other grave offences — war crimes, crimes against humanity, and the destruction of civilian populations and infrastructure.
Nigeria’s longstanding contribution to regional peacekeeping — from Liberia to Sierra Leone — has demonstrated that Africa plays a vital role in upholding international stability. Drawing on this experience, initiatives like the Special Tribunal for the Crime of Aggression reflect a shared commitment to justice, accountability, and the preservation of peace across borders.
Today, as Ukraine faces unprovoked aggression, our shared commitment to justice must not waver. Just as Africa has stood firm against violence and external domination, the international community must not stay silent.
A Global Call for Justice
The Embassy of Ukraine in Nigeria thanks the Government and people of Nigeria for their continued support for peace, international law, and sovereignty.
The first and most crucial step — creating the Tribunal — has been taken. The next steps include appointing judges, ensuring funding, and launching proceedings.
We invite Nigerian civil society, legal professionals, students, and the media to follow this historic process.
Justice is a promise to future generations:
“Aggression is a crime — and it will never go unpunished.”
•H.E. Kholostenko is the Ambassador of Ukraine to the Federal Republic of Nigeria.
