A coalition of 38 nations, including all members of the European Union, reported significant advancements on Tuesday in their initiative to create a special tribunal aimed at holding Russia's political and military leaders accountable for the aggression against Ukraine.

Experts and legal professionals have made considerable progress in formulating the legal foundations for the tribunal, as well as delineating its jurisdiction.

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

Michael McGrath, the European Commissioner for Democracy, Justice, and the Rule of Law, expressed optimism about the process, assuring that no major hurdles are anticipated at this time.

Operating under the Council of Europe, the tribunal is intended to bring to justice individuals like Russian President Vladimir Putin.

Alain Berset, Secretary-General of the Council of Europe, highlighted the necessity of taking action, stating that 'waiting is not an option,' and that the goal is to finalize the work by the end of the year.

Ukrainian President Volodymyr Zelensky has staunchly endorsed the establishment of a tribunal for the crime of aggression, viewing it as essential for ensuring accountability for the invasion instigated by Putin nearly three years ago.

Unlike war crimes, crimes against humanity, and genocide, crimes of aggression specifically target leadership figures who are responsible for initiating or overseeing aggressive state actions, such as invasions or occupations.

The International Criminal Court (ICC) classifies the crime of aggression as acts that, by their nature, severity, and scale, represent a clear violation of the United Nations Charter. As the highest authority in Russia, Putin stands as the most probable candidate for prosecution.

However, international law grants heads of state immunity, and any trial conducted in absentia might encounter questions of legitimacy.

Due to Russia's status as a non-signatory to the Rome Statute, which governs the ICC, Kyiv and Brussels have considered the possibility of establishing an ad-hoc tribunal to prosecute Russia’s acts of aggression in Ukraine.

High Representative Kaja Kallas emphasized the importance of accountability for the crime of aggression, asserting that it ensures that no member of Russia’s leadership is beyond reach.

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

The last comparable event of prosecuting crimes of aggression took place at the Nuremberg trials after World War II, where such charges were referred to as 'crimes against peace.'