Two of the world’s leading voices on international criminal justice argue that Canada’s silence on the Special Tribunal for the Crime of Aggression against Ukraine is a betrayal of its own legacy — and call on Ottawa to act now.
The Canadian government is to be commended for its military, economic, and humanitarian assistance to Ukraine, including the most recent announcements of $270 million in military assistance and $2.5 billion in economic support.
Canada has also assumed an important role in international accountability efforts. Foreign Minister Anita Anand is co-chairing the International Coalition for the Return of Ukrainian Children — an initiative addressing one of the more horrific war crimes and crimes against humanity of Putin's Russia. This work reflects Canada's broader record of international leadership in the pursuit of justice and accountability, exemplified by its role in founding the ICC, championing the Responsibility to Protect doctrine, negotiating the landmine ban treaty, and its recent stewardship of the G7 on these matters.
Accordingly, as co-founders of the high-level working group advocating for a Special Tribunal for the Crime of Aggression Against Ukraine—founded immediately after Putin's unprovoked and premeditated invasion of Ukraine—underpinned by mass atrocities constitutive of acts of genocide—we welcomed the June 2025 Ukrainian and Council of Europe agreeement establishing the Special Tribunal, and more importantly, the recent endorsement by 36 countries (and counting) of the Special Tribunal, a watershed moment in the international struggle for justice and accountability.
The Canadian government should be at the forefront of this historic initiative—not a passive observer watching from the sidelines. Simply put, Canada's passive role both in the establishment and the operationalization of the Special Tribunal undermines both its historical leadership in the pursuit of justice and accountability and its otherwise important military, economic, and humanitarian contributions to the struggle of the Ukrainian people.
The combatting of the Crime of Aggression is foundational to the pursuit of justice and accountability, anchored in the UN Charter and the principles of the Rome Statute. Russia's conduct in the 21st century has been defined by aggression and incentivized by impunity, beginning with its invasions of Chechnya and Georgia, continuing with its seizure of Crimea, and culminating with its ongoing war of aggression against Ukraine. All of this took place amidst a continuing culture of impunity. And so, the Special Tribunal will have significant and lasting impacts, particularly by beginning the process of securing justice for the victims and accountability for the perpetrators, helping to deter future crimes of aggression, and reinforcing the principle that no state and no state leader is above the law.
Ukraine's resistance to Russia's unprovoked invasion is more than a national struggle. It is a defense of the rules-based international order that Canada has championed for generations. When a powerful state attempts to redraw borders by force, the consequences reverberate globally. For a country like Canada, this is not a distant conflict. It is a direct challenge to the principles that underpin global stability, security, and prosperity.
The Council of Europe and Ukraine have shown requisite leadership in advancing the Special Tribunal. Their efforts have resulted in the creation of a credible, legally grounded mechanism to prosecute the supreme international crime of aggression—the most important development since Nuremberg to hold accountable a state's top leadership for the unlawful use of force.
But the Special Tribunal's success now hinges on the appointment of experienced, independent personnel—a Prosecutor, a Registrar, and Judges—capable of navigating the complex legal and political terrain ahead. Canada has the expertise, the diplomatic weight, and the moral authority to help shape this process.
The Canadian government, as set forth above, has historically stepped forward at pivotal moments, demonstrating that effective action by middle powers can affect global change. Supporting the Special Tribunal is a natural extension of that tradition.
Joining the Enlarged Partial Agreement of the Special Tribunal would send a clear signal: Canada stands with the community of democracies in defending the prohibition on aggressive war. It would also strengthen the Special Tribunal's legitimacy and encourage other states—especially within the G7 and broader international community—to follow suit. At a time when democratic norms are under strain, Canada's leadership carries real weight.
For Canada, joining the Special Tribunal is not only a prudent geopolitical decision, but also a moral responsibility. It is about the Ukrainian people. As the Special Tribunal moves toward operational readiness, the victims of the conflict must remain at the centre of the effort. Justice must be accessible, meaningful, and rooted in the lived experiences of those who have suffered. Canada's record of supporting victim-centred approaches to international justice makes it well-positioned to ensure the Special Tribunal reflects these values.
The creation of the Special Tribunal is a historic opportunity to reinforce the rule of law at a moment when it is being threatened. Canada has an opportunity—and an obligation—to help make certain that Russia's aggression is met not with impunity, but with accountability. That requires the Canadian government to take action now: joining the agreement, supporting the appointment of qualified personnel, and lending Canada's voice to a coalition determined to uphold the most fundamental norms of international conduct.
Canada has led before. This is Canada's moment to lead again. To champion, as a matter of principle and policy, the most significant advance in international criminal law in a generation. Not with rhetoric, but with resolve. By standing firmly behind the Special Tribunal, the Canadian government can help shape a more just and secure future—one where aggression is confronted, victims are heard, and the rule of law prevails.
Irwin Cotler is the International Chair of the Raoul Wallenberg Centre for Human Rights and former Minister of Justice and Attorney General of Canada and longtime Member of Parliament.
David M. Crane is a global leader in international criminal justice and the founding Chief Prosecutor of the UN Special Court for Sierra Leone. He has spent decades shaping accountability mechanisms around the world, including serving as a driving architect behind the Special Tribunal for the Crime of Aggression against Ukraine. Crane is a distinguished scholar of international law, a former senior U.S. national security official, and a leading voice on the rule of law, state responsibility, and the legal limits on the use of force.
Â
Â
Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST’s editors, staff, donors or the University of Pittsburgh.
