Between 27 and 29 March 2026, the IVRJ 2026: The 3rd IVR JAPAN INTERNATIONAL CONFERENCE was held in Kanazawa (Japan). The conference was attended by professor of Public International Law Susana Sanz Caballero, who also chaired the panel on “International Justice and International Law”.
ink to the X post about Susana Sanz’s participation in the Congress on the Rule of Law held in Japan: https://x.com/RoLcrisisEU/status/2037520812891119940
During her presentation, Professor Susana Sanz, under the title “The Special Tribunal for the Crime of Aggression against Ukraine: Objectives, Challenges, and its Relationship with the Rule of Law”, argued that: “The establishment of a Special Tribunal for the Crime of Aggression against Ukraine within the framework of the Council of Europe marks a turning point in the evolution of international justice and in the consolidation of the rule of law beyond national borders. The initiative emerged from political and legal efforts that gained momentum throughout 2025. Both the Parliamentary Assembly of the Council of Europe and the European Parliament issued resolutions in support of creating such a tribunal, while Ukraine actively engaged partners worldwide to build consensus. A Core Group of around forty states, working together with Ukrainian authorities, the Council of Europe, and the EU’s legal services, prepared the necessary legal instruments. On 25 June 2025, the President of Ukraine and the Secretary General of the Council of Europe signed the bilateral Agreement, thus setting the stage for the Tribunal’s creation.
This new body is intended to prosecute senior political and military leaders responsible for the decision to launch the war of aggression against Ukraine. While the International Criminal Court retains jurisdiction over war crimes, genocide, and crimes against humanity, it lacks competence over the crime of aggression in this specific case. The Special Tribunal is therefore designed to close this accountability gap, ensuring that the architects of aggression do not enjoy impunity.
The Tribunal’s significance goes beyond the Ukrainian conflict. It embodies the essence of the rule of law: the principle that no individual or state stands above legal norms. By criminalising the very act of aggression, it reaffirms that international law is not merely declaratory but enforceable through impartial adjudication. It also enhances the credibility of international legal order by countering the perception of selective enforcement, one of the major critiques directed at international justice mechanisms.
Furthermore, the creation of the Tribunal illustrates Europe’s ability to adapt its institutional architecture to unforeseen challenges. It strengthens the key dimensions of the rule of law—legality, accountability, equality before the law, and institutional innovation—while reinforcing Europe’s identity as a community grounded in democracy, human rights, and justice.
This paper will examine the Tribunal’s mandate, the obstacles faces, and its broader implications. It argues that this initiative not only provides Ukraine with a path to justice but also represents a milestone in consolidating the international rule of law, bridging domestic and international legal orders in the face of aggression.”
