Shay Brennan (Dublin Rathdown, Fianna Fail)
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12. To ask the Minister for Foreign Affairs and Trade if he expects that the Special Tribunal for the Crime of Aggression against Ukraine will be able to investigate and prosecute senior government and military leaders responsible for the crime of aggression, up to and including heads of state; and if he will make a statement on the matter. [38074/25]

John Lahart (Dublin South West, Fianna Fail)
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66. To ask the Minister for Foreign Affairs and Trade if Ireland is supporting the work of the Special Tribunal for the Crime of Aggression against Ukraine recently established by the Council of Europe; and if he will make a statement on the matter. [37917/25]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 12 and 66 together.

The Government has been consistent in the pursuit of accountability for Russia’s illegal and unjustified war of aggression against Ukraine. This includes the accountability of the Russian leadership responsible for the crime of aggression. Ireland is one of 38 states, plus the EU, in the Core Group for the establishment of a Special Tribunal to Prosecute the Crime of Aggression against Ukraine.

On 9 May, Minster of State for International Development and Diaspora, Neale Richmond TD, attended a ministerial meeting of the Core Group in Lviv, Ukraine, to give political endorsement to the draft legal instruments necessary to establish the Special Tribunal within the legal framework of the Council of Europe.

These instruments consist of a bilateral agreement between Ukraine and the Council of Europe establishing the Special Tribunal, the Statute of the Special Tribunal which is annexed to this bilateral agreement, and an enlarged partial agreement within the Council of Europe legal framework which will govern the financing and administration of the Tribunal.

The draft legal instruments are the result of two years of extensive negotiations within the Core Group. While the Special Tribunal will have the jurisdiction to prosecute senior political and military leaders responsible for Russia’s invasion of Ukraine, it will respect the personal immunities under international law afforded to heads of state, heads of government and foreign ministers. The Tribunal's Statute provides that indictments against a head of State, head of government or minister of foreign affairs shall not be confirmed. This does not preclude the investigation of - and preparation of charges against - such a person so that they may be prosecuted when they subsequently leave office.

It has been Ireland’s position throughout the negotiations to support an outcome that is consistent with international law and acceptable to Ukraine. The draft legal instruments were agreed by all members of the Core Group, including Ukraine.

On 25 June Ukrainian President Zelenskyy and the Secretary General of the Council of Europe signed the bilateral agreement on the establishment of the Special Tribunal. The agreement will enter force once a number of criteria are met, including the establishment of the enlarged partial agreement by the Committee of Ministers of the Council of Europe. Ireland will continue to positively engage at the Council of Europe to ensure that the Special Tribunal is established and operational as soon as reasonably possible.