Category: Core international crimes

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Ukrainas väidetavalt toimepandud raskete rahvusvaheliste kuritegude ühise uurimisrühma tegevusaega pikendatakse kaks aastat

Source: Eurojust

Seitse riiklikku ametiasutust, kes osalevad Ukrainas väidetavalt toimepandud raskete rahvusvaheliste kuritegude ühises uurimisrühmas (JIT), on kokku leppinud, et ühise uurimisrühma tegevusaega pikendatakse kaks aastat. Osalevate riikide peaprokurörid leppisid tegevusaja pikendamises kokku täna Ukrainas Kiievis toimunud koordineerimisnõupidamisel. Nõupidamine toimus samal ajal kui konverents „United for Justice“, mis toimub samuti Kiievis.

Ainult kolm nädalat pärast täiemahulise sissetungi algust Ukrainasse toetas Eurojust 25. märtsil 2022 Leedu, Poola ja Ukraina moodustatud ühise uurimisrühma loomist. 30. mail 2022 said liikmeks Eesti, Läti ja Slovakkia ning 13. oktoobril 2022 Rumeenia. 3. märtsil 2023 allkirjastasid ühise uurimisrühma seitse riiklikku ametiasutust vastastikuse mõistmise memorandumi Ameerika Ühendriikide justiitsministeeriumiga.

Rahvusvahelise Kriminaalkohtu Prokuratuur on osalenud ühises uurimisrühmas alates aprillist 2022 ja Europol alates oktoobrist 2023.

Two years on

A timeline of Eurojust’s response to the war in Ukraine

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Ühine uurimisrühm on üks kõige arenenumaid vahendeid, mida kasutatakse kriminaalasjades tehtavas rahvusvahelises koostöös, mis hõlmab kahe või enama riigi pädevate asutuste vahelist õiguslikku kokkulepet kriminaaluurimiste läbiviimiseks. Ühise uurimisrühma eesmärk on hõlbustada asjaomastes riikides uurimisi ja süüdistuste esitamist seoses Ukrainas väidetavalt toimepandud raskete rahvusvaheliste kuritegudega, samuti seoses nendega, mida võidakse käsitelda Rahvusvahelises Kriminaalkohtus.

Koordineerimisnõupidamisel arutasid osalejad ühise uurimisrühma senise tegevuse tulemusi ja järgmise kahe aasta prioriteete.

Eurojust pakub ühisele uurimisrühmale õiguslikku, analüütilist, logistilist ja rahalist tuge. Alates märtsist 2022 on amet korraldanud 22 koordineerimisnõupidamist, kus osalesid ühise uurimisrühma liikmed ja muud riiklikud ametiasutused, kes uurivad Ukrainas väidetavalt toimepandud raskeid rahvusvahelisi kuritegusid.

Ühist uurimisrühma toetavad ka raskete rahvusvaheliste kuritegude tõendite andmebaas (CICED) ja Ukraina-vastaste agressioonikuritegude eest vastutusele võtmise rahvusvaheline keskus (ICPA), mida haldab Eurojust. Lisateave Eurojusti võetavate mitmesuguste meetmete kohta alates sõja puhkemisest Ukrainas on meie spetsiaalsel veebilehel https://www.eurojust.europa.eu/eurojust-and-the-war-in-ukraine, kus on ka kõige sagedamate küsimuste vastused ning pressikonverentside ja muude seonduvate ürituste salvestised.

Konverents „United for Justice“

29. veebruaril Kiievis toimunud konverents „United for Justice“ (üheskoos õiguse nimel) tõi kokku paljud sidusrühmad, kes on osalenud püüdlustes tagada vastutus Ukrainas väidetavalt toime pandud raskete rahvusvaheliste kuritegude eest. Ukraina ametiasutuste korraldatud üritus keskendus kultuuripärandile. Ukraina peaprokurör Andri Kostin avas ürituse põhisõnavõtuga. Sõna võtsid Poola justiitsminister, Leedu ja Rumeenia peaprokurörid ning Eurojusti president Ladislav Hamran.

Lisateave:

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One year on since the launch of the International Centre for the Prosecution of the Crime of Aggression Against Ukraine (ICPA)

Source: Eurojust

Russia must be held accountable for its war of aggression  said European Commissioner for Justice, Didier Reynders. With the ICPA we ensure that no evidence is lost, in view to prosecute those responsible for the crime of aggression in accordance with international standards. On the occasion of the first anniversary of the ICPA, I want to applaud its very important work and reiterate the commitment of the European Commission to take all the necessary measures to support Eurojust and the ICPA States, including Ukraine, to accomplish their crucial mission.

Eurojust’s President, Ladislav Hamran, remarked: One year after its inception, the ICPA has firmly established itself as a cornerstone of the accountability landscape. The fight against impunity deserves our unwavering attention and it is crucial that it extends to one of the pillars of the modern international rule-based order: the prohibition of the use of force. Eurojust is committed to supporting the ICPA for as long as necessary.

Commenting on the importance of the ICPA’s ongoing work, Andriy Kostin, Prosecutor General for Ukraine stated: ICPA participants are engaged in a historic task—building a solid evidence base and developing a comprehensive prosecutorial file for the supreme international crime—the crime of aggression. This unprecedented work has never been done before. So, their goal is to collect, preserve and analyze evidence with the highest possible quality, ensuring no doubts about the legitimacy of the future tribunal. We are deeply grateful to Eurojust for enabling the operations of the ICPA and to Lithuania, Latvia, Estonia, Poland, and Romania for their contributions, as well as the United States and the Office of the Prosecutor of the ICC.

The ICPA’s independent prosecutors and investigators from different countries have been working together regularly at Eurojust, benefitting from the Agency’s dedicated team of legal experts and tailor-made technical, logistical and financial support. This has enabled them to exchange information and evidence quickly and efficiently, and coordinate a common investigative and prosecutorial strategy. The centre’s unique nature and multi-national composition has enabled it to utilise the expertise and services of a diverse range of national authorities in its work.

Its task has not been easy however. With no recent international judicial practice on investigating and prosecuting the crime of aggression, the ICPA has built further capacity and expertise. During the past year, ICPA participants have invited expert practitioners, legal scholars and other judicial experts to share their knowledge and experience to inform the centre’s work.

Alongside capacity building, the collection, preservation and analysis of evidence has been a major priority for the ICPA. In spite of challenges in identifying and gathering evidence, much of which is located in the Russian Federation, the number of evidence files being submitted to the Core International Crimes Evidence Database (CICED) managed by Eurojust, is growing. To date, 14 countries have submitted evidence amounting to more than 2 000 files.

To prove the scale and systemic nature of Russia’s crimes in Ukraine, it is crucial that prosecution strategies rely on large sets of evidence. Eurojust therefore continues to encourage national authorities to submit evidence to the CICED database to bolster collective accountability efforts.

CICED and the ICPA are part of the overall support structure Eurojust provides to the joint investigation team (JIT) on alleged core international crimes committed in Ukraine. The JIT, which includes prosecutors from all ICPA countries, is supported by Eurojust and benefits directly from the important work of the ICPA and CICED.

During the last 12 months, the ICPA’s work has been crucial in strengthening the national investigations into the crime of aggression currently taking place in Ukraine, Estonia, Latvia, Lithuania and Poland.

While the war is ongoing and discussions about a possible special tribunal are still in course, the ICPA ensures that crimes are well documented and crucial evidence is not lost. The ICPA is effectively preparing and contributing to future prosecutions of the crime of aggression, irrespective of the jurisdiction before which the proceedings will be brought. For this reason, evidence is being translated, including into Ukrainian and English, to ensure that it can be used in various jurisdictions.

One year on since the ICPA’s launch, Eurojust thanks all ICPA and JIT partners for their hard work and dedication in helping ensure accountability for the atrocities committed in Russia’s war of aggression against Ukraine, as well as the European Commission for its trust in the Agency to host this important centre.

About the ICPA

The ICPA consists of participants from Ukraine, Estonia, Latvia, Lithuania, Poland and Romania. Furthermore, the United States has appointed a Special Prosecutor for the Crime of Aggression to support the ICPA’s activities, and the Office of the Prosecutor of the ICC has designated staff to participate in the ICPA. The Centre is funded by the European Commission’s Service for Foreign Policy Instruments (FPI). In November 2023, Eurojust welcomed a financial contribution from the U.S. Department of State, via the European Commission’s FPI Service, in support of the ICPA’s work.

About the crime of aggression

The crime of aggression is a crime committed by the highest political and military leadership. Given that Russia is not a party to the Rome Statute, the ICC currently cannot prosecute the Russian leadership for the crime of aggression in the context of Russia’s war against Ukraine.

To close this gap, various options have been explored to ensure full accountability for the crimes committed in the context of the Russian war against Ukraine, including the crime of aggression.

The ICPA is the first step in this process to preserve evidence and prepare cases for future trials, be it before national courts, a dedicated tribunal or the International Criminal Court for crimes within its jurisdiction.

The President of the European Commission Ursula von der Leyen announced the setting up of the International Centre for the Prosecution of the Crime of Aggression Against Ukraine at the 24th EU-Ukraine Summit on 2 February 2023.

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Practitioners share expertise on battlefield evidence to tackle terrorism and core international crimes

Source: Eurojust

High-level representatives and prosecutors from the United States, the European Union, international organizations, and civil society have been taking stock of the latest developments and cooperation tools for the use of battlefield evidence collected in the context of an armed conflict. During a dedicated expert meeting at Eurojust, specialised prosecutors from the European Union dealing with counter-terrorism were joined for the first time by their counterparts from core international crimes units.

The expert meeting was co-organised by the Eurojust Counter-Terrorism Working Group, the U.S. Department of Justice and the EU Network for the investigation and prosecution of genocide, crimes against impunity and war crimes (Genocide Network). The exchanges over the past two days are of crucial importance to prosecutors of terrorism offences and core international crimes, including war crimes, crimes against humanity and genocide. Expertise in the use of evidence from past armed conflicts can be used in proceedings related to ongoing and future conflicts.

Commenting on the importance of the meeting, Mr Matthew F. Blue, Chief of the Counterterrorism Section in the National Security Division of the U.S. Department of Justice said: ‘Terrorists and war criminals should have no illusions that they are safe from prosecution when they plot and commit crimes in conflict zones. The United States is committed to ensuring that battlefield evidence is available for use in its domestic cases and those pursued by its European allies. Today’s meeting reaffirms the strong transatlantic commitment to ensuring that this vital tool is effectively harnessed.’

Mr Baudoin Thouvenot, National Member for France and Chair of the Counter-Terrorism Team at Eurojust, stated: ‘We are experiencing challenging times, with a continuing terrorism threat and war at the borders of the EU, and now more than ever, impunity is intolerable. The use of evidence collected on battlefields is a crucial asset in the fight against war crimes, genocide and terrorism. Having the EU and the U.S. judicial authorities working together and sharing expertise sends a strong message on the international scene.’

In view of continued terrorist threats, the fight against terrorism remains high on the EU agenda. Eurojust has been assisting cases against returning Foreign Terrorist Fighters (FTFs) and analysing the criminal justice response for some twenty years. A specific focus has been placed on FTFs who travelled to the conflict zone in Syria, but also other areas, to join jihadist terrorist groups.

The complex and dynamic FTF phenomenon has been changing through the years. The support provided by Eurojust has been evolving to ensure that challenges faced by national authorities, including the gathering and admissibility of evidence, e-evidence and financial investigations, are addressed and national efforts are strengthened by solid multilateral cooperation and coordination.

Battlefield evidence plays a key role in such cases. Such evidence may include registration forms, photos depicting crimes committed against civilians, fingerprints on explosive devices and e-mails describing terrorist plots. This evidence can demonstrate the operational workings and command structures of terrorist organisations, including the role of specific suspects and their associates. Battlefield evidence also can assist in assessing the intent and policies of different terrorist organisations operating in the EU, U.S. and globally.

Battlefield evidence is also crucial to build cases that go beyond the prosecution of membership and financing of terrorism to also entail core international crimes. Some FTFs may be prosecuted for both sets of crimes cumulatively. For example, battlefield evidence shared by U.S. authorities and other partners such as the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL (UNITAD), whose mandate will come to an end in September 2024, has strongly supported EU prosecutors to obtain cumulative convictions against FTFs on terrorism and core international crimes charges. This for instance has led to a higher level of sentencing of FTFs who were involved with Da’esh/ISIL in crimes against Yezidi victims.

The expert meeting at Eurojust is another milestone in the long-standing cooperation between Eurojust and U.S. authorities on enhancing the access and use of battlefield evidence. It provided a platform for the sharing of challenges and best practice amongst practitioners, which is key to overcoming legal and practical hurdles in ongoing and future criminal cases. It demonstrated information and evidence sharing between EU, U.S. and international partners is of prime importance in investigating and prosecuting alleged FTFs and has proved to be successful in the past.

In joining forces, Eurojust, the U.S. Department of Justice and the Genocide Network have laid the foundation for a community of practice between prosecutors from diverse backgrounds, from all over the EU and partner countries. The expertise is essential to strengthen capacities and foster further cooperation in present and future investigations and prosecutions concerning crimes committed in conflict areas.

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Agreement to extend the joint investigation team into alleged core international crimes in Ukraine for two years

Source: Eurojust

Just three weeks after the start of the full-scale invasion of Ukraine, Eurojust supported the establishment of a JIT set up on 25 March 2022 by Lithuania, Poland and Ukraine. On 30 May 2022, Estonia, Latvia and Slovakia became members, followed by Romania on 13 October 2022. On 3 March 2023, the JIT’s seven national authorities signed a Memorandum of Understanding with the United States Department of Justice.

The Office of the Prosecutor of the International Criminal Court (ICC) and Europol have been participants in the JIT since April 2022 and October 2023, respectively.

Two years on

A timeline of Eurojust’s response to the war in Ukraine

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A joint investigation team is one of the most advanced tools used in international cooperation in criminal matters, comprising a legal agreement between competent authorities of two or more States for the purpose of carrying out criminal investigations. The aim of the JIT on alleged core international crimes committed in Ukraine is to facilitate investigations and prosecutions in the States concerned, as well as those that may be taken forward to the ICC.

During the coordination meeting, participants discussed the outcomes of the JIT work so far and the priorities for the next two years.

Eurojust provides legal, analytical, logistical and financial support to the JIT. Since March 2022, the Agency has hosted 22 coordination meetings involving JIT members and other national authorities that are investigating alleged core international crimes committed in Ukraine.

The JIT is also supported by the Core International Crimes Evidence Database (CICED), and the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA), hosted by Eurojust. For more information on the various actions taken by Eurojust since the outbreak of the war in Ukraine, please consult our dedicated webpage, which includes a Q&A with answers to the most common questions and recordings of press conferences and other related events.

United for Justice conference

The United for Justice Conference, which took place on 29 February in Kyiv, brought together a large number of stakeholders involved in the efforts to ensure accountability for core international crimes allegedly committed in Ukraine. Organised by the Ukrainian authorities, the event focused on cultural heritage. Ukraine’s Prosecutor General, Andriy Kostin, opened the event with a keynote address. Speakers included the Minister of Justice of Poland, the Prosecutors General of Lithuania and Romania, and Eurojust President, Mr Ladislav Hamran.

Further information: