A Special Tribunal for the Crime of Aggression?

Abstract

Abstract The Russian Federation is currently in the second phase of what appears to be a war of aggression against Ukraine. While Russia’s invasion is widely thought to satisfy the threshold of the crime of aggression, the routes to accountability for this crime are unclear: The International Criminal Court lacks jurisdiction and domestic courts offer an uncertain alternative. Therefore, Ukraine and a chorus of others are advocating the creation of a special tribunal. This piece explores the options as well as the arguments that speak in favour and against establishing such a special tribunal for the crime of aggression.