Bulgaria, Hungary and Slovakia are the only EU countries that have not committed to joining a tribunal for Russia’s invasion of Ukraine. Justice Commissioner Michael McGrath named them on Friday, while outlining what still stands between European pledges and a working court: unresolved costs and security arrangements.
Speaking after a meeting of EU’s Justice ministers in Luxembourg, Mr McGrath said the EU and 38 countries had expressed their intention to join the tribunal’s funding and management agreement. That political backing has yet to translate into a functioning court. Bulgaria, Hungary and Slovakia could still join later; Mr McGrath did not say they had ruled out participation.
“For there to be a lasting peace, there must be justice. For there to be justice, there must be accountability,” he said. Ministers discussed efforts to prosecute those responsible for Russia’s war and secure compensation for the damage it has caused.
Governments need to know the costs
Mr McGrath said Dutch authorities had updated ministers on their work with the Council of Europe to establish the tribunal’s costs. Prospective participants need to understand their financial commitments before completing the agreement, he explained.
“It is understandable that prospective members of the Special Tribunal will want some line of sight in relation to potential costs,” he said. Adequate security arrangements would also be necessary because of the sensitive work the court would undertake. He did not give a budget or an opening date.
For there to be a lasting peace, there must be justice.
— Michael McGrath, Justice Commissioner
The Netherlands has offered to host the tribunal, initially during its preparatory phase, and reaffirmed its willingness in July to host its operational work. Ukraine and the Council of Europe, not to be confused with the European Council, signed the founding agreement in June 2025. The funding and management agreement was adopted in May, but its entry into force remains dependent on participating states completing their internal procedures.
Court could decide legal responsibility for the war
The tribunal would address a specific gap in international justice: criminal responsibility for planning and launching the invasion. Its mandate targets senior political and military leaders responsible for the crime of aggression.
The International Criminal Court can investigate war crimes, crimes against humanity and genocide in Ukraine. However, its jurisdictional limitations prevent it from prosecuting the crime of aggression. The new tribunal would fill that gap.
Significant obstacles would remain even after the court opens. According to the Council of Europe, serving heads of state, heads of government and foreign ministers could face trial only after leaving office or having their immunity waived. Investigations and preparation of cases could nevertheless proceed.
Compensation needs a separate agreement
Mr McGrath also pressed governments to ratify the convention establishing the International Claims Commission for Ukraine. “Justice for Ukraine and Ukrainians also means reparations for the damages caused by Russia,” he said.
Justice for Ukraine and Ukrainians also means reparations for the damages caused by Russia.
— Michael McGrath, Justice Commissioner
The commission would assess claims and determine compensation for losses caused by Russia’s aggression. It would build on the existing Register of Damage, which records claims from individuals, organisations and public bodies. This is a separate process from prosecuting political and military leaders.
The convention requires 25 ratifications and sufficient financial commitments to enter into force. As of 24 September, nine states and the EU itself had ratified it, according to the Council of Europe.
Friday’s discussion highlighted the distance still to travel: governments have endorsed accountability, but both prosecution and compensation depend on completing the legal and financial arrangements.
