EU weighs possibility of trying Russian leadership in absentia

A special tribunal against Russia’s leadership for crimes committed against Ukraine could deliver rulings in absentia. However, limitations remain while Russian officials are still in office, stated EU foreign policy chief Kaja Kallas during her visit to Lviv.
When asked whether the tribunal could issue verdicts as early as 2026, Kallas replied that she could not give an exact date, but confirmed that the Council of Europe is working on establishing the tribunal.
"I’ve read in the materials that this should already be by 2026," Kallas said, expressing hope that the investigations and judicial proceedings will start.
"The investigation is already ongoing. This is the most documented war, because everything has been documented by pictures, videos. We have done this work from the start (of this war - ed.). We've provided European technical help to document these crimes," she said.
The EU’s top diplomat emphasized that this is a special tribunal for the crime of aggression, and these are crimes of the leadership that gave the orders.
"That means those people who have decided to start the war. Without the leadership's crime, there wouldn't be any war crimes either," Kallas stated.
She also confirmed that Russia’s top leadership could be tried in absentia for crimes against Ukraine, though there are restrictions while they remain in office.
"I think the most important signal is that everything can be ready. Nobody is behind the law," the EU top diplomat said.
A special tribunal for Russia
Since the start of the full-scale war in Ukraine, the International Criminal Court has already issued six arrest warrants for Russian military and political leadership. However, the ICC has no legal ability to convict Russian officials because Moscow has not ratified the Rome Statute.
To bring the top leadership of Russia to justice, Ukraine initiated the creation of a special tribunal for the crime of aggression. More than 40 countries have already joined the coalition.
On Friday, May 9, a meeting of representatives of the coalition of states working to launch the tribunal took place in Lviv. European ministers gave their political approval for the tribunal's launch.
According to the Luxembourg Foreign Minister, the special tribunal for Russia will be officially launched next week. It is known that a meeting of the Committee of Ministers of the Council of Europe will be held in Luxembourg on May 13-14.