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Journal of the National Academy of Legal Sciences of Ukraine

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International legal status of the Steering committee of the Special tribunal for the crime of aggression against Ukraine

Oleksandr V. Bazov , Viktor P. Bazov, Yasin Dere

Received 06.04.2026, Revised 28.04.2026, Accepted 30.09.2026

Abstract

The article is devoted to the analysis of a paramount institutional body of the Special Tribunal for the Crime of Aggression against Ukraine – the Management Committee. The author notes the unprecedented nature of establishing a governing body for international criminal law under the auspices of the Council of Europe, which requires profound doctrinal reflection given the specific ratione materiae of the Special Tribunal – the investigation, prosecution, and adjudication of cases against individuals bearing the greatest responsibility for the crime of aggression against Ukraine, including mechanisms for overcoming immunities established in customary international law. Attention is drawn to the fact that in the face of the ineffectiveness of traditional international security institutions, it is the newly created Committee that assumes the role of a central hub, ensuring adequate, continuous funding and the overall functionality of the judicial mechanism. The conducted analysis allows for the assertion that the creation of the Steering Committee through a specific Enlarged Partial Agreement facilitates the involvement of a broad coalition of states (including non-members of the Council of Europe), embodying the consolidated will of the international community. This confirms the objective international legal personality of the judicial institution and forms the legal basis for the administration of justice.It is specifically emphasized that the Management Committee performs not only the standard financial and administrative functions typical of international judicial institutions but is also endowed with exceptional formative, oversight, and quasi-legislative powers. In particular, its role extends to the appointment of judges and prosecutors, as well as to the adoption of amendments to the Tribunal's Rules of Procedure and Evidence. The authors believe that this ensures a system of checks and balances between the political oversight of the founding states and the absolute procedural independence of the administration of justice.Furthermore, the Committee's potential as an international center for mutual legal assistance and the primary coordinator for the creation of a future residual mechanism for the enforcement of sentences is highlighted. It is deemed optimal to utilize the findings obtained for the development of internal regulations for the functioning of the Management Committee, the modernization of the Rules of Procedure and Evidence, and for the formation of an effective strategy for cooperation between states in the process of international criminal justice. Current directions for further scholarly research and discussions regarding the integration of such hybrid models into the general architecture of international law are identified. Presently, the adoption by interested states of the Enlarged Partial Agreement on the Steering Committee is expected, which is intended to provide the necessary funding and organizational management for the practical commencement of the Tribunal's operations.

Keywords:

Council of Europe; Management Committee; Special Tribunal for the Crime of Aggression against Ukrainе; Enlarged Partial Agreement; crime of aggression; coalition of states; aggressive war; international law; ad hoc tribunal

https://doi.org/10.31359/1993-0909.2026.33.3.53

Retrieved from Journal NALSU №3, 2026 year

Pages 53-67

References Suggested citation

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Suggested citation

Oleksandr V. Bazov, Bazov, V.P., & Dere, Ya. (2026). International legal status of the Steering committee of the Special tribunal for the crime of aggression against Ukraine. Journal of the National Academy of Legal Sciences of Ukraine, 33(3), 53-67. https://doi.org/10.31359/1993-0909.2026.33.3.53