Rozhodnutí Rady (EU) 2026/1121 ze dne 5. května 2026 o postoji, který má být zaujat jménem Evropské unie v orgánech Rady Evropy, pokud jde o rozšířenou parciální dohodu o řídícím výboru Zvláštního tribunálu pro zločin agrese vůči Ukrajině

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

The position to be taken on behalf of the Union within the Council of Europe bodies as regards the Enlarged Partial Agreement on the Management Committee of the Special Tribunal for the Crime of Aggression against Ukraine (the Enlarged Partial Agreement) shall be to notify the Secretary-General of the Council of Europe of the Union’s intention to join the Enlarged Partial Agreement, whilst reserving the notification of the completion of the internal procedures required for the conclusion of the Enlarged Partial Agreement, and to participate in the adoption of the Decision of the representatives within the Committee of Ministers of at least 16 member States of the Council of Europe and of the representatives of the European Union adopting the Resolution establishing the Enlarged Partial Agreement.

The draft Decision and the draft Resolution referred to in the first paragraph are attached to this Decision.

Formal and minor changes to the texts of the draft Decision and of the draft Resolution referred to in the first paragraph and which do not affect the substance of those texts, may be agreed upon by the Commission on behalf of the Union, without a further decision of the Council.

Regulation (EU) 2022/838 of the European Parliament and of the Council of 30 May 2022 amending Regulation (EU) 2018/1727 as regards the preservation, analysis and storage at Eurojust of evidence relating to genocide, crimes against humanity, war crimes and related criminal offences (OJ L 148, 31.5.2022, p. 1 , ELI: http://data.europa.eu/eli/reg/2022/838/oj).

(1) In its conclusions of 24 February 2022 , the European Council condemned in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine and affirmed that Russia bears full responsibility for this act of aggression for which it will be held accountable.

(2) In Resolution A/RES/ES-11/1 of 2 March 2022 , the United Nations (UN) General Assembly recognised that the military operations of the Russian Federation inside the sovereign territory of Ukraine were on a scale that the international community had not seen in Europe in decades, deplored in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2(4) of the Charter of the United Nations on the prohibition of the use of force and demanded that the Russian Federation immediately cease its use of force against Ukraine and immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognised borders.

(3) On 2 March 2022 , the Office of the Prosecutor of the International Criminal Court (ICC) announced that it had proceeded to open an investigation into the situation in Ukraine on the basis of the referrals of that situation received from 39 States Parties to the ICC and based on the finding that there is a reasonable basis to believe that crimes within the jurisdiction of the ICC had been committed. However, the jurisdictional regime for the crime of aggression in the Rome Statute currently prevents the ICC from exercising its jurisdiction with respect to the crime of aggression in the situation of Ukraine.

(4) In its conclusions of 20 and 21 October 2022 , the European Council invited the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative) and the Commission to explore options so that full accountability can be ensured, including for the crime of aggression against Ukraine. In its conclusions of 15 December 2022 , the European Council welcomed and encouraged further efforts to ensure full accountability for war crimes and the other most serious crimes in connection with Russia’s war of aggression against Ukraine, including ways to secure accountability for the crime of aggression. It invited the Commission, the High Representative and the Council to take work forward, in accordance with Union and international law, stressing that the prosecution of the crime of aggression is of concern to the international community as a whole.

(5) In Resolution A/RES/ES-11/6 of 23 February 2023 , the UN General Assembly emphasised the need to ensure accountability for the most serious crimes under international law committed on the territory of Ukraine through appropriate, fair and independent investigations and prosecutions at the national or international level and to ensure justice for all victims and the prevention of future crimes.

(6) Beginning in January 2023, representatives of around 40 States, the European Commission’s services and the European External Action Service as well as the Council of Europe met within the context of the Core Group on the Establishment of a Special Tribunal for the Crime of Aggression against Ukraine (the Core Group) and discussed the modalities for establishing a Special Tribunal with the power to investigate, prosecute, and try persons who bear the greatest responsibility for the crime of aggression against Ukraine.

(7) On 3 July 2023 , the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) was launched at the European Union Agency for Criminal Justice Cooperation (Eurojust), for the cooperation and coordination of national investigation efforts in ensuring an appropriate investigation of the crime of aggression against Ukraine, supported by Eurojust’s enhanced capacities on the basis of Regulation (EU) 2022/838 of the European Parliament and of the CouncilRegulation (EU) 2022/838 of the European Parliament and of the Council of 30 May 2022 amending Regulation (EU) 2018/1727 as regards the preservation, analysis and storage at Eurojust of evidence relating to genocide, crimes against humanity, war crimes and related criminal offences (OJ L 148, 31.5.2022, p. 1 , ELI: http://data.europa.eu/eli/reg/2022/838/oj). , which enables Eurojust to preserve, analyse and store evidence relating to genocide, crimes against humanity, war crimes and related criminal offences.

(8) In its conclusions of June, October and December 2023, the European Council reiterated its support for the establishment of the Special Tribunal. In its conclusions of March 2024, the European Council stated that the Russian Federation and its leadership must be held fully accountable for waging a war of aggression against Ukraine and for other most serious crimes under international law, as well as for the massive damage caused by its war. Furthermore, the European Council stated that it supports the efforts, including in the Core Group, to establish a tribunal for the prosecution of the crime of aggression against Ukraine that would enjoy the broadest cross-regional support and legitimacy.

(9) On 21 March 2025 , the Core Group concluded its work at technical level on the draft legal instruments necessary to establish the Special Tribunal, namely the Agreement between Ukraine and the Council of Europe on the establishment of the Special Tribunal, the Statute of the Special Tribunal annexed to that Agreement, and the Enlarged Partial Agreement on the Management Committee of the Special Tribunal.

(10) On 9 May 2025 , the Ministers for Foreign Affairs and other representatives of participants in the Core Group convened in Lviv and adopted the Lviv Statement in which they reaffirmed their commitment to the process of establishing the Special Tribunal within the framework of the Council of Europe, to the swift commencement of its operation, and to supporting its effective functioning.

(11) On 24 June 2025 , the Committee of Ministers of the Council of Europe (the Committee of Ministers) adopted the Decisions to authorise the Secretary-General of the Council of Europe to sign, on behalf of the Council of Europe, the Agreement between the Council of Europe and Ukraine on the Establishment of the Special Tribunal for the Crime of Aggression against Ukraine (the Agreement on the Establishment of the Special Tribunal), to which the Statute of the Special Tribunal for the Crime of Aggression against Ukraine (the Special Tribunal) is annexed. Moreover, the Committee of Ministers authorised the establishment of an Enlarged Partial Agreement on the Management Committee of the Special Tribunal for the Crime of Aggression against Ukraine (the Enlarged Partial Agreement).

(12) On 25 June 2025 , the President of Ukraine and the Secretary-General of the Council of Europe signed the Agreement on the Establishment of the Special Tribunal.

(13) In accordance with its Statute, the Special Tribunal has the purpose of prosecuting and trying political and military leaders who are responsible for acts of aggression against Ukraine in violation of Article 2(4) of the United Nations Charter. The Management Committee of the Special Tribunal to be established by the Resolution establishing the Enlarged Partial Agreement aims to provide the financial means for the Special Tribunal and to support other administrative and managerial aspects of its operation, with a view to enabling the Special Tribunal to discharge its mandate.

(14) On 21 January 2026 , the Committee of Ministers adopted a Decision welcoming the finalisation of the draft Resolution establishing the Enlarged Partial Agreement as well as welcoming the fact that the Advance Team was ready to carry out its tasks as from 1 January 2026 , thanks to a voluntary contribution from the European Union. Accordingly, on 22 January 2026 , the Council of Europe and the Union signed a contribution agreement for a contribution financed through the European Commission’s Service for Foreign Policy Instruments. That contribution agreement provides for a project of up to 24 months aimed at setting up an Advance Team to lay the institutional, logistical and organisational foundations for the next phases of the Special Tribunal.

(15) Under Article 3(5) and Article 21(2) and (3) of the Treaty on European Union (TEU), the Union is to uphold and promote its values and contribute to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.

(16) It is therefore appropriate for the Union to notify the Secretary-General of the Council of Europe of its intention to join the Enlarged Partial Agreement, subject to the completion of internal procedures necessary to express its consent to be bound, and to participate in the adoption of the Decision of the representatives within the Committee of Ministers of at least 16 member States of the Council of Europe and of the representatives of the Union adopting the Resolution establishing the Enlarged Partial Agreement,

This Decision shall enter into force on the date of its adoption.

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HAS ADOPTED THIS DECISION: