Special tribunal will not try Putin in absentia while he’s in office

Citing European officials, the report adds that neither Prime Minister Mikhail Mishustin nor Foreign Minister Sergei Lavrov will face in absentia proceedings while in office.

Sources noted that these officials could only be tried if they are physically present in the courtroom—a scenario that is highly unlikely given Russia’s refusal to recognize its invasion of Ukraine as a crime and its lack of cooperation with the free world.

Officials did not rule out the possibility of an in-absentia trial altogether but said it could only happen once Putin leaves office.

The legal basis for creating a special tribunal to address the crime of aggression against Ukraine is set out in a draft agreement prepared within the framework of the Council of Europe, a human rights organization headquartered in Strasbourg. Although the Council of Europe is not part of the EU, European Union officials are actively involved in the process.

Euronews reported that technical preparations concluded in late March during a meeting of the Core Group in Strasbourg. Three main documents were produced: an agreement between Ukraine and the Council of Europe, the charter for the future tribunal, and a separate management agreement.

The documents are expected to be signed on May 9 in Kyiv, on Europe Day. However, the date could change pending further political negotiations.

Limitations on holding in absentia trials in the future tribunal for the crime of aggression against Ukraine were the result of a compromise among participating countries. An EU representative said that after lengthy discussions, the decision was effectively finalized and is unlikely to change.

After Ukraine signs the agreement, the document will be submitted to the Parliamentary Assembly of the Council of Europe, which brings together elected representatives from 46 member states. Russia was excluded from that organization at the start of its full-scale invasion of Ukraine in 2022.

To finalize the agreement, it must win the support of two-thirds of the assembly’s members—a threshold that appears nearly guaranteed because of broad backing among most countries. Nations such as Hungary and Serbia, which have closer ties with Russia, are expected to abstain or vote against the measure.

Support for the tribunal may also come from countries outside Europe, including Canada, Australia, New Zealand, and Japan, a sign that could bolster the court’s international legitimacy.