This meeting outlined key elements of the "Schuman draft Statute," the core legal text that will govern the functioning of the Special Tribunal for the Crime of Aggression against Ukraine.

High Representative for Foreign Affairs and Security Policy and Vice-President of the European Commission Kaja Kallas emphasised the need to distinguish war crimes - prosecutable by the International Criminal Court - from the crime of aggression, which requires a dedicated tribunal. She explained that "it is clear that the crime of aggression is a leadership crime, so without the crime of aggression there would not be any war crimes either. Therefore, it is extremely important that there is also accountability for the crime of aggression."

European Commission President Ursula von der Leyen highlighted the significance of this Special Tribunal, stating that "we have laid down the legal foundations for a Special Tribunal. There can also be no justice without compensation. Russia must be held accountable for its aggression – and it must pay. We made a first step towards a Claims Commission with the participation of the EU. This new body will determine claims recorded in the Register of Damage.”

The Council of Europe will be in charge of the procedure for adoption of the draft legal instruments necessary to establish the Special Tribunal. Council of Europe Secretary General Alain Berset underlined that “[…] establishing the Special Tribunal for the Crime of Aggression within the Council of Europe framework will enable our international partners – notably including Ukraine and the European Union – to make full use of our experience and expertise in upholding human rights and the rule of law across the continent”. He doubled down that “We will not stop until Russia is held fully accountable and justice is done.”

Also on 4 February, the European Commission adopted a recommendation for a Council of the European Union’s decision to participate in the formal negotiations to set up an International Claims Commission for Ukraine that will start towards the end of March 2025. The Claims Commission will build on the work of the Register of Damage and determine the amount of compensation due in each case.

For further details, read/watch: 

• The European Commission Press Release 

• The remarks by HRVP Kaja Kallas

• The Council of Europe Press Release 

• The video of the press briefing following the 13th Core Group meeting with Kaja Kallas, Michael McGrath, Alain Berset and Iryna Mudra