Strategic Litigation Before the ICJ: A Case for an Advisory Opinion to Anchor the Ukraine Special Tribunal in the Rule of Law for a Meaningful Prosecution

Zénó Suller

doi:10.21697/2026.15.1.03

Opublikowane: 2026-06-26

Tom 15 Nr 1 (2026)

Strategic Litigation Before the ICJ

A Case for an Advisory Opinion to Anchor the Ukraine Special Tribunal in the Rule of Law for a Meaningful Prosecution

Zénó Suller

Polish Review of International and European Law

Dział: Studies

https://doi.org/10.21697/2026.15.1.03

Abstrakt

On 25 June 2025 the Council of Europe and Ukraine signed an agreement to create the Special Tribunal for the Crime of Aggression against Ukraine. This innovation aims to achieve a double purpose: to end impunity in the specific case, and more generally, to strengthen the primacy of law in international relations. The creators of the Tribunal managed to overcome legal issues which made other fora incapable of prosecuting the perpetrators, however, the Tribunal’s design raises questions about judicial efficacy and meaningfulness as its creators decided that personal immunity of certain state officials applies before it. If the reason behind this restriction is to overly ensure legality, an advisory procedure before the International Court of Justice (ICJ) would be a better way than preventing the Tribunal even from indicting the key perpetrators of this leadership crime. This article argues that the creators should consider changing the framework while the Tribunal is still not in operation and request – through the United Nations General Assembly – an advisory opinion of the ICJ. This paper explains how a targeted advisory opinion would likely convert a politically contingent project into a functioning and effective court strengthening the international rule of law.

Słowa kluczowe:

crime of aggression, International Criminal Court, advisory opinion, Ukraine

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Zasady cytowania

Suller, Z. (2026). Strategic Litigation Before the ICJ: A Case for an Advisory Opinion to Anchor the Ukraine Special Tribunal in the Rule of Law for a Meaningful Prosecution. Polish Review of International and European Law, 15(1), 83–121. https://doi.org/10.21697/2026.15.1.03

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Utwór dostępny jest na licencji Creative Commons Uznanie autorstwa – Bez utworów zależnych 4.0 Międzynarodowe.

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