An international office dedicated to investigating Russia’s invasion of Ukraine will open on Monday in The Hague, marking a significant step towards a potential tribunal for the Kremlin’s leadership. The International Centre for the Prosecution of the Crime of Aggression (ICPA) will consist of prosecutors from Kyiv, the European Union, the United States, and the International Criminal Court (ICC).

The primary objective of the ICPA is to conduct investigations and gather evidence, serving as an interim measure before the establishment of a special tribunal that could hold Russian officials accountable for initiating the war in Ukraine. Senior officials, including Ukrainian prosecutor general Andriy Kostin, ICC prosecutor Karim Khan, US Assistant Attorney General Kenneth Polite, and EU Justice Commissioner Didier Reynders, will hold a press conference at the ICPA’s headquarters, located within the EU’s judicial agency, Eurojust.

The push for a special tribunal arises from the limitations of the ICC, which focuses on specific war crimes and crimes against humanity but lacks the mandate to investigate the broader crime of aggression. While the ICC has been examining war crimes and crimes against humanity committed in Ukraine, it issued an arrest warrant for Russian President Vladimir Putin in March, accusing him of alleged child deportations.

The call for a special tribunal gained momentum after the discovery of numerous bodies following the withdrawal of Russian troops from the town of Bucha near Kyiv in April 2022. International support for the tribunal has grown steadily, leading to the creation of the ICPA by the European Commission in February. The center aims to prosecute those responsible for the invasion of Ukraine.

The involvement of the United States has bolstered the push for a special court, despite the country’s refusal to join the ICC. During a visit to The Hague in June, US Attorney General Merrick Garland appointed Jessica Kim as a special prosecutor for the crime of aggression, representing the US at the ICPA.

However, the question of how such a court would operate remains complex and unresolved. Ukraine favours obtaining a resolution from the UN General Assembly, while some Western supporters of Kyiv suggest a hybrid court comprising both Ukrainian and foreign judges to ensure broader international support.