The Special Tribunal for the Crime of Aggression Against Ukraine in the European Legal Space

The Special Tribunal for the Crime of Aggression against Ukraine, set up in 2025 by agreement between the Council of Europe and Ukraine, is an ad hoc criminal court tasked with investigating and prosecuting the crime of aggression against Ukraine. The purpose of the article is to introduce scholars of EU law to the main debates that took or take place, among international lawyers, about the Tribunal, and to reflect on the interplay between the Tribunal and European law. The article first discusses the process and circumstances of its creation, highlighting the role of the European Union. Then it discusses salient features of the Tribunal: issues of jurisdiction, immunities, and fair trial, showing the structural compromises that they embody. The analysis further situates these features within the broader European legal space, zooming on the Tribunal’s necessary alignment with European Convention on Human Rights standards, a potential (although unlikely) conflict with the autonomy of EU law, and the possible consequences for EU Member States’ cooperation obligations. By foregrounding these issues, the article contributes to current debates on the EU’s role in international criminal justice and the constitutional limits of its external action.