The Crime of Aggression and Russia’s Invasion of Ukraine

Russia’s invasion of Ukraine is a crime of staggering magnitude committed against the state and the people of Ukraine. Arguing that the crime commenced with the illegal annexation of Crimea, the book centers on the need to ensure individual criminal responsibility for the crime, as pioneered at Nuremberg.

Describing the historic development of the crime of aggression, from the early peace movements of the 1800s through the agreement on the current definition of the crime, the book then details the crimes committed in Ukraine, all of which resulted from the original decision to use force. It then explains the elements of the crime of aggression and how they might potentially be proven.

Given that the International Criminal Court (ICC) cannot exercise its jurisdiction over the crime in the situation, the book next turns to the efforts to establish a special ad hoc tribunal. It traces the negotiations to create the tribunal and analyzes the tribunal statute agreed on by the Council of Europe and Ukraine. The volume concludes with a plea for the establishment of the tribunal, as well as broader jurisdiction over, and accountability for, the crime, so that it is not only selectively enforced.

The book is aimed at professionals working in law, history, and international affairs, as well as those interested in forming a crime of aggression tribunal for the situation of Ukraine and prosecuting the crime of aggression more broadly before the ICC.

Jennifer Trahan is Clinical Professor at NYU’s Center for Global Affairs in New York and Director of their Concentration in International Law & Human Rights. She is also Convenor of the Global Institute for the Prevention of Aggression.