IL TRIBUNALE SPECIALE PER L’AGGRESSIONE CONTRO L’UCRAINA

This article examines the role of a regional organisation such as the Council of Europe in establishing the Special Tribunal for the Crime of Aggression against Ukraine, as well as the legal basis for its authority to do so. After analysing the main features of the new Tribunal, the article considers whether it constitutes a mixed tribunal or a special court within the Ukrainian judicial system. It then assesses how the Council of Europe’s involvement in its establishment may influence the Tribunal’s characterisation as universal and “international”. Given that the new Tribunal forms part of a comprehensive compensation mechanism that includes the Register of Damage for Ukraine and the International Claims Commission for Ukraine, the article examines whether it can serve as an effective instrument of transitional justice or whether it risks exacerbating existing shortcomings in international criminal justice.