BETA


2022/3017(RSP) Resolution on the establishment of a tribunal on the crime of aggression against Ukraine

Progress: Procedure completed

Legal Basis:
RoP 132-p2

Events

2023/04/26
   EC - Commission response to text adopted in plenary
Documents
2023/01/19
   EP - Results of vote in Parliament
2023/01/19
   EP - Decision by Parliament
Details

The European Parliament adopted by 472 votes to 19, with 33 abstentions, a resolution on the establishment of a tribunal on the crime of aggression against Ukraine.

The text adopted in plenary was tabled by the EPP, S&D, Renew, Greens/EFA, ECR groups and Members.

Russia’s war of aggression against Ukraine constitutes a blatant and flagrant violation of the UN Charter, the fundamental principles of international law and various international agreements. Russian forces have conducted indiscriminate attacks against residential areas and civilian infrastructure, have killed thousands of Ukrainian civilians and have carried out acts of terror throughout the country targeting civilian infrastructure. The reported atrocities committed by the Russian armed forces in Bucha, Irpin and many other Ukrainian towns during the Russian occupation reveal the brutality of the war of aggression waged by Russia against Ukraine and underscore the importance of coordinated international action to establish accountability for the crime of aggression and all violations of international humanitarian law.

Crime of aggression

According to the Rome Statute of the ICC, the crime of aggression is different from war crimes or crimes against humanity. The crime of aggression is generally a leadership crime in that it can only be committed by those with the power to shape a state’s policy of aggression.

Parliament reiterates its condemnation, in the strongest possible terms, of the Russian war of aggression against Ukraine, its unwavering support for Ukraine’s independence, sovereignty and territorial integrity within its internationally recognised borders and its call on Russia to immediately terminate all military activities in Ukraine and unconditionally withdraw all forces and military equipment from the entire internationally recognised territory of Ukraine.

The Russian crime of aggression against Ukraine is a clear and undisputed breach of the UN Charter, which, in the interests of global security and the rules-based international order, cannot remain unanswered by the international community. Parliament reiterates its call on the Commission, the VP/HR and the Member States to support full accountability for all crimes committed by Russia and its allies and proxies during their war of aggression against Ukraine.

Special international tribunal

The resolution underscored the urgent need for the EU and its Member States, in close cooperation with Ukraine and the international community, preferably through the UN, to push for the creation of a special international tribunal to prosecute the crime of aggression against Ukraine perpetrated by the political and military leadership of the Russian Federation and its allies and to find a legally sound, common way forward on this matter.

According to Parliament, establishing such a tribunal would fill the large gap in the current institutional international criminal justice set-up and should be based on the standards and principles that apply to the ICC as set out in the Rome Statute.

The special tribunal would complement the investigative efforts of the ICC and its Prosecutor, as it would focus on alleged genocide, war crimes and crimes against humanity committed in Ukraine. Parliament reiterates its full support for the ongoing investigation by the Prosecutor of the ICC into the situation in Ukraine and underlines the importance of Ukraine ratifying the Rome Statute of the ICC and its amendments and formally becoming a member of the ICC.

Members emphasised that the EU’s preparatory work on the special tribunal should begin without delay, focus on establishing the arrangements for the special tribunal in cooperation with Ukraine and support Ukrainian and international authorities in securing evidence to be used in the future special tribunal.

Lastly, Parliament strongly believes that the establishment of this special tribunal for the crime of aggression would send a very clear signal to both Russian society and the international community that Putin and the Russian political and military leadership can be convicted for the crime of aggression in Ukraine. It also stated that the establishment of this tribunal would be a clear signal to the political and business elite in Russia and Russian allies that it is no longer feasible for the Russian Federation under Putin’s leadership to return to ‘business as usual’ with the West.

Documents
2023/01/19
   EP - End of procedure in Parliament
2023/01/17
   EP - Debate in Parliament
2023/01/16
   EP - Motion for a resolution
Documents
2023/01/16
   EP - Motion for a resolution
Documents
2023/01/16
   EP - Motion for a resolution
Documents
2023/01/16
   EP - Motion for a resolution
Documents
2023/01/16
   EP - Motion for a resolution
Documents

Documents

Activities

Votes

La mise en place d'un tribunal sur le crime d'agression contre l'Ukraine - RC-B9-0063/2023 - § 3/1 #

2023/01/19 Outcome: +: 483, 0: 27, -: 14
DE IT PL FR ES RO NL BE PT SE AT CZ LT DK IE FI SI HR EE BG LU SK HU EL MT LV CY
Total
79
55
47
53
34
29
27
16
20
17
14
17
10
10
11
8
8
11
7
7
6
9
5
14
4
5
1
icon: PPE PPE
135

Finland PPE

2

Estonia PPE

For (1)

1

Luxembourg PPE

2

Malta PPE

For (1)

1

Latvia PPE

Against (1)

3
icon: S&D S&D
106

Belgium S&D

1

Czechia S&D

For (1)

1

Lithuania S&D

2

Denmark S&D

2

Slovenia S&D

2

Estonia S&D

2

Luxembourg S&D

For (1)

1

Cyprus S&D

For (1)

1
icon: Renew Renew
75

Italy Renew

2

Poland Renew

1

Spain Renew

2
3

Czechia Renew

2

Lithuania Renew

1

Ireland Renew

2

Finland Renew

2

Slovenia Renew

2

Croatia Renew

For (1)

1

Estonia Renew

3

Bulgaria Renew

2

Luxembourg Renew

2

Slovakia Renew

2

Hungary Renew

For (1)

1

Greece Renew

1

Latvia Renew

For (1)

1
icon: Verts/ALE Verts/ALE
60

Italy Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Belgium Verts/ALE

3

Portugal Verts/ALE

1

Sweden Verts/ALE

2

Austria Verts/ALE

3

Czechia Verts/ALE

3

Lithuania Verts/ALE

2

Ireland Verts/ALE

2

Finland Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
52

Germany ECR

1

Romania ECR

1

Belgium ECR

2

Sweden ECR

For (1)

Against (1)

2

Lithuania ECR

1

Croatia ECR

Abstain (1)

1

Slovakia ECR

For (1)

1

Greece ECR

Abstain (1)

1

Latvia ECR

For (1)

1
icon: ID ID
48
3

Czechia ID

Against (1)

Abstain (1)

2

Denmark ID

For (1)

1

Finland ID

1

Estonia ID

For (1)

1
icon: The Left The Left
25

Germany The Left

Against (1)

Abstain (1)

5

Spain The Left

Abstain (1)

2

Netherlands The Left

For (1)

1

Portugal The Left

4

Sweden The Left

For (1)

1

Czechia The Left

Against (1)

1

Denmark The Left

1

Ireland The Left

Abstain (2)

2
icon: NI NI
23

Germany NI

2

France NI

Abstain (1)

3

Netherlands NI

Against (1)

1

Croatia NI

2

Slovakia NI

2

Hungary NI

1

RC-B9-0063/2023 - § 3/2 #

2023/01/19 Outcome: +: 466, -: 38, 0: 17
DE IT PL ES RO NL FR SE BE PT CZ LT DK IE HR SI AT FI EE BG LU SK LV HU EL MT CY
Total
81
54
45
35
28
26
54
17
16
20
17
10
10
11
10
8
14
7
7
7
6
9
5
5
14
4
1
icon: PPE PPE
133

Finland PPE

For (1)

1

Estonia PPE

For (1)

1

Luxembourg PPE

2

Malta PPE

For (1)

1
icon: S&D S&D
106

Belgium S&D

1

Czechia S&D

For (1)

1

Lithuania S&D

2

Denmark S&D

2

Slovenia S&D

2

Estonia S&D

2

Luxembourg S&D

For (1)

1

Cyprus S&D

For (1)

1
icon: Renew Renew
74

Italy Renew

2

Poland Renew

1

Spain Renew

2
3

Czechia Renew

2

Lithuania Renew

1

Ireland Renew

2

Croatia Renew

For (1)

1

Slovenia Renew

2

Finland Renew

2

Estonia Renew

3

Bulgaria Renew

2

Luxembourg Renew

2

Slovakia Renew

2

Latvia Renew

For (1)

1

Hungary Renew

For (1)

1

Greece Renew

1
icon: Verts/ALE Verts/ALE
60

Italy Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

2

Belgium Verts/ALE

3

Portugal Verts/ALE

1

Czechia Verts/ALE

3

Lithuania Verts/ALE

2

Ireland Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
51

Germany ECR

1

Romania ECR

1

Sweden ECR

2

Belgium ECR

2

Lithuania ECR

1

Croatia ECR

1

Slovakia ECR

For (1)

1

Latvia ECR

For (1)

1

Greece ECR

Abstain (1)

1
icon: The Left The Left
25

Germany The Left

Against (1)

Abstain (1)

5

Spain The Left

Abstain (1)

2

Netherlands The Left

For (1)

1

France The Left

For (1)

4

Sweden The Left

For (1)

1

Portugal The Left

4

Czechia The Left

Against (1)

1

Denmark The Left

1

Ireland The Left

Abstain (2)

2
icon: NI NI
23

Germany NI

2

Netherlands NI

Against (1)

1

France NI

3

Croatia NI

2

Slovakia NI

2

Hungary NI

1
icon: ID ID
49

Czechia ID

Against (1)

Abstain (1)

2

Denmark ID

For (1)

1

Austria ID

3

Finland ID

1

Estonia ID

For (1)

1

RC-B9-0063/2023 - Proposition de résolution (ensemble du texte) #

2023/01/19 Outcome: +: 472, 0: 33, -: 19
DE IT PL FR ES RO NL SE BE PT AT CZ LT DK HR FI SI EE BG IE LU SK HU EL LV MT CY
Total
79
55
46
54
34
29
26
17
16
20
15
17
10
10
10
8
8
7
7
11
6
9
5
14
6
4
1
icon: PPE PPE
136

Finland PPE

2

Estonia PPE

For (1)

1

Luxembourg PPE

2

Malta PPE

For (1)

1
icon: S&D S&D
105

Belgium S&D

1

Czechia S&D

For (1)

1

Lithuania S&D

2

Denmark S&D

2

Slovenia S&D

2

Estonia S&D

2

Luxembourg S&D

For (1)

1

Cyprus S&D

For (1)

1
icon: Renew Renew
76

Italy Renew

2

Poland Renew

1

Spain Renew

2
3

Czechia Renew

2

Lithuania Renew

1

Croatia Renew

For (1)

1

Finland Renew

2

Slovenia Renew

2

Estonia Renew

3

Bulgaria Renew

2

Ireland Renew

2

Luxembourg Renew

2

Slovakia Renew

2

Hungary Renew

For (1)

1

Greece Renew

1

Latvia Renew

For (1)

1
icon: Verts/ALE Verts/ALE
60

Italy Verts/ALE

3

Poland Verts/ALE

For (1)

1

Netherlands Verts/ALE

3

Sweden Verts/ALE

2

Belgium Verts/ALE

3

Portugal Verts/ALE

1

Austria Verts/ALE

3

Czechia Verts/ALE

3

Lithuania Verts/ALE

2

Finland Verts/ALE

For (1)

1

Ireland Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1
icon: ECR ECR
51

Germany ECR

1

Romania ECR

1

Sweden ECR

2

Belgium ECR

2

Lithuania ECR

1

Croatia ECR

1

Slovakia ECR

For (1)

1

Greece ECR

Abstain (1)

1

Latvia ECR

For (1)

1
icon: ID ID
49
3

Czechia ID

Against (1)

Abstain (1)

2

Denmark ID

For (1)

1

Finland ID

1

Estonia ID

For (1)

1
icon: The Left The Left
25

Germany The Left

Against (1)

5

Spain The Left

Abstain (1)

2

Netherlands The Left

For (1)

1

Sweden The Left

For (1)

1

Portugal The Left

4

Czechia The Left

Against (1)

1

Denmark The Left

1

Ireland The Left

Against (2)

2
icon: NI NI
22

Germany NI

1

France NI

Against (1)

3

Netherlands NI

Against (1)

1

Croatia NI

Abstain (1)

1

Slovakia NI

2

Hungary NI

1

Latvia NI

Against (1)

1

History

(these mark the time of scraping, not the official date of the change)

docs/5
date
2023-04-26T00:00:00
docs
url: /oeil/spdoc.do?i=59352&j=0&l=en title: SP(2023)153
type
Commission response to text adopted in plenary
body
EC
docs/5
date
2023-01-19T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0015_EN.html title: T9-0015/2023
type
Text adopted by Parliament, single reading
body
EP
events/1
date
2023-01-19T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0015_EN.html title: T9-0015/2023
events/1
date
2023-01-19T00:00:00
type
Results of vote in Parliament
body
EP
docs
url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=59352&l=en title: Results of vote in Parliament
events/2
date
2023-01-19T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0015_EN.html title: T9-0015/2023
events/2/summary
  • The European Parliament adopted by 472 votes to 19, with 33 abstentions, a resolution on the establishment of a tribunal on the crime of aggression against Ukraine.
  • The text adopted in plenary was tabled by the EPP, S&D, Renew, Greens/EFA, ECR groups and Members.
  • Russia’s war of aggression against Ukraine constitutes a blatant and flagrant violation of the UN Charter, the fundamental principles of international law and various international agreements. Russian forces have conducted indiscriminate attacks against residential areas and civilian infrastructure, have killed thousands of Ukrainian civilians and have carried out acts of terror throughout the country targeting civilian infrastructure. The reported atrocities committed by the Russian armed forces in Bucha, Irpin and many other Ukrainian towns during the Russian occupation reveal the brutality of the war of aggression waged by Russia against Ukraine and underscore the importance of coordinated international action to establish accountability for the crime of aggression and all violations of international humanitarian law.
  • Crime of aggression
  • According to the Rome Statute of the ICC, the crime of aggression is different from war crimes or crimes against humanity. The crime of aggression is generally a leadership crime in that it can only be committed by those with the power to shape a state’s policy of aggression.
  • Parliament reiterates its condemnation, in the strongest possible terms, of the Russian war of aggression against Ukraine, its unwavering support for Ukraine’s independence, sovereignty and territorial integrity within its internationally recognised borders and its call on Russia to immediately terminate all military activities in Ukraine and unconditionally withdraw all forces and military equipment from the entire internationally recognised territory of Ukraine.
  • The Russian crime of aggression against Ukraine is a clear and undisputed breach of the UN Charter, which, in the interests of global security and the rules-based international order, cannot remain unanswered by the international community. Parliament reiterates its call on the Commission, the VP/HR and the Member States to support full accountability for all crimes committed by Russia and its allies and proxies during their war of aggression against Ukraine.
  • Special international tribunal
  • The resolution underscored the urgent need for the EU and its Member States, in close cooperation with Ukraine and the international community, preferably through the UN, to push for the creation of a special international tribunal to prosecute the crime of aggression against Ukraine perpetrated by the political and military leadership of the Russian Federation and its allies and to find a legally sound, common way forward on this matter.
  • According to Parliament, establishing such a tribunal would fill the large gap in the current institutional international criminal justice set-up and should be based on the standards and principles that apply to the ICC as set out in the Rome Statute.
  • The special tribunal would complement the investigative efforts of the ICC and its Prosecutor, as it would focus on alleged genocide, war crimes and crimes against humanity committed in Ukraine. Parliament reiterates its full support for the ongoing investigation by the Prosecutor of the ICC into the situation in Ukraine and underlines the importance of Ukraine ratifying the Rome Statute of the ICC and its amendments and formally becoming a member of the ICC.
  • Members emphasised that the EU’s preparatory work on the special tribunal should begin without delay, focus on establishing the arrangements for the special tribunal in cooperation with Ukraine and support Ukrainian and international authorities in securing evidence to be used in the future special tribunal.
  • Lastly, Parliament strongly believes that the establishment of this special tribunal for the crime of aggression would send a very clear signal to both Russian society and the international community that Putin and the Russian political and military leadership can be convicted for the crime of aggression in Ukraine. It also stated that the establishment of this tribunal would be a clear signal to the political and business elite in Russia and Russian allies that it is no longer feasible for the Russian Federation under Putin’s leadership to return to ‘business as usual’ with the West.
docs/5
date
2023-01-19T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0015_EN.html title: T9-0015/2023
type
Text adopted by Parliament, single reading
body
EP
events/1
date
2023-01-19T00:00:00
type
Decision by Parliament
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EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2023-0015_EN.html title: T9-0015/2023
events/2
date
2023-01-19T00:00:00
type
End of procedure in Parliament
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EP
forecasts
  • date: 2023-01-19T00:00:00 title: Vote scheduled
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Old
Awaiting plenary debate/vote
New
Procedure completed
procedure/title
Old
The establishment of a tribunal on the crime of aggression against Ukraine
New
Resolution on the establishment of a tribunal on the crime of aggression against Ukraine
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  • url: https://www.europarl.europa.eu/doceo/document/CRE-9-2023-01-17-TOC_EN.html title: Debate in Parliament
forecasts/0/title
Old
Vote in plenary scheduled
New
Vote scheduled
docs/0/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2023-0063_EN.html
docs/1/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2023-0064_EN.html
docs/2/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2023-0068_EN.html
docs/3/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2023-0069_EN.html
docs/4/docs/0/url
https://www.europarl.europa.eu/doceo/document/B-9-2023-0072_EN.html
events
  • date: 2023-01-17T00:00:00 type: Debate in Parliament body: EP
forecasts/0
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2023-01-17T00:00:00
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Debate in plenary scheduled
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  • date: 2023-01-16T00:00:00 docs: title: B9-0063/2023 type: Motion for a resolution body: EP
  • date: 2023-01-16T00:00:00 docs: title: B9-0064/2023 type: Motion for a resolution body: EP
  • date: 2023-01-16T00:00:00 docs: title: B9-0068/2023 type: Motion for a resolution body: EP
  • date: 2023-01-16T00:00:00 docs: title: B9-0069/2023 type: Motion for a resolution body: EP
  • date: 2023-01-16T00:00:00 docs: title: B9-0072/2023 type: Motion for a resolution body: EP
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2023-01-19T00:00:00
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Vote in plenary scheduled
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  • date: 2023-01-17T00:00:00 title: Debate in plenary scheduled