By Iryna Mudra
When Russian aggression began in 2014 and escalated with a full-scale invasion in February 2022, it marked not only the start of a brutal war 鈥 it became a defining test of the international legal order. Eleven years later, as Ukrainian soldiers defend their homes and families, the world faces a deeper question: will the architects of this aggression ever be held to account?
War crimes, crimes against humanity, and the crime of genocide are rightly investigated by the International Criminal Court. But the crime of aggression 鈥 the deliberate decision to launch an illegal war 鈥 falls into a dangerous legal void. The ICC can prosecute this crime only if both the aggressor and the victim state have accepted its jurisdiction. Russia has not. As a result, the one crime that made all others possible could remain forever unpunished.
That is why Ukraine, with the backing of a broad coalition of more than 40 states and international institutions, has been working to establish a Special Tribunal for the Crime of Aggression against Ukraine. Some ask: would such a tribunal be merely symbolic? Would it actually make a difference for peace and global security?
The answer is yes. This is not only about justice 鈥 it is about deterrence. If aggression leads to real legal consequences, then war becomes costlier than peace. A tribunal of this kind raises the expected costs of launching a war, not only for this conflict, but for future ones. Leaders will be forced to consider: even if I seize territory, will I be condemned, tried in absentia, lose access to my assets, be barred from travel, and go down in history as a criminal of the worst kind?
The creation of the Special Tribunal is critical for ensuring a just and lasting peace 鈥 for Ukraine, for Europe, and for the world. During the Cold War, deterrence relied on weapons. Today, it must also rely on law. A credible legal body addressing aggression sends a clear message: you cannot attack your neighbor and expect the world to look away. Even if 鈥渧ictory鈥 is swift, justice will come.
This is not just theory. Vladimir Putin and Maria Lvova-Belova are already subject to ICC arrest warrants for the unlawful deportation of Ukrainian children. Four Russian generals are also under arrest warrants for war crimes and crimes against humanity. They cannot travel freely. With the establishment of the Special Tribunal, the top leadership of Russia 鈥 and potentially of its enablers in Belarus and North Korea 鈥 will face indictment and trial for the crime of aggression.
When the Tribunal delivers its verdicts, generals and presidents around the world will be on notice: starting wars of conquest leads to the courtroom, not the history books. Just as the Nuremberg Tribunal prosecuted Nazi leaders for crimes against peace, we too have a moral and legal obligation to respond to modern wars of aggression with legal clarity.
The Special Tribunal would not replace the International Criminal Court 鈥 it would complement it. It fills a narrow but vital gap the ICC cannot cover. It will follow the highest standards of international criminal and human rights law. And it will reinforce, not undermine, the global principle that borders cannot be changed by force.
Institutions like this tribunal make the world more stable. They reduce uncertainty, build trust, and ensure that rules are not just written words but enforceable norms. They send a clear reminder that aggression is not only morally wrong 鈥 it is strategically self-defeating.
No tribunal will stop every war. But it can alter the strategic calculus. It can restore accountability where today there is impunity. It can strengthen the rules-based international order that has protected the world since 1945 鈥 and which is now under siege.
Ukraine wants peace like no other country. A peace that is comprehensive, just, and enduring. Because peace without justice is no peace at all 鈥 it is simply a pause before the next war.
We are not asking for special treatment. We are asking for consistency. If aggression goes unpunished, it will be repeated 鈥 not just in Europe, but everywhere. But if it is condemned, prosecuted, and punished, the next would-be aggressor may think twice.
Let history remember this moment not as the end of rules 鈥 but their renaissance. Let us prove that justice is not an illusion, but a pillar of peace. The Tribunal for the Crime of Aggression is not only about Ukraine. It is about the kind of world we want to live in.
The views expressed in this opinion article are the author鈥檚 and not necessarily those of Kyiv Post.