Category: Ukraine

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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.

More information

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Drug trafficking network active across Europe dismantled

Source: Eurojust

Drugs used for the group’s illegal activities were supplied by members in Spain. The drugs were then transported across Europe by couriers, who concealed the supplies in trucks that were in the possession of the organisation. Members based in Italy, Belgium, Germany, Spain and Ukraine, then sold the drugs on their local drug markets.

Drug trafficking remains one of the most serious security threats in Europe. Europol’s report on criminal networks shows that 50% of the most threatening criminal networks active in the EU are involved in drug trafficking, and 50% of all homicides in Europe are directly connected to drug trafficking. It is crucial that judicial authorities from different countries collaborate in their investigations, as drug trafficking frequently crosses borders. Eurojust has observed a twofold increase in cross-border drug trafficking cases since 2020, with over 2 462 cases supported in 2023.

The Italian authorities initiated investigations into the drug trafficking network in December 2021. The investigations revealed that the group, consisting of individals from various nationalities, was operating across Europe. To ensure that the group could not evade justice, Italian authorities used Eurojust’s facilities to facilitate investigations in other countries and execute house searches and seizures.

At a coordination centre at Eurojust, in the early morning of 2 July, authorities from Italy, Belgium, Germany, Spain and Ukraine worked together with Europol and Interpol to arrest 13 suspects. During house searches, several electronic devices, drugs and money was found.

The operation was financially supported by the @ON network, which funded by the European Commission and led by the Italian Antimafia Directorate (DIA).

The actions were carried out by the following authorities:

  • Italy: Procure della Repubblica di L’Aquila e Teramo (Public Prosecution Offices of L’Aquila and Teramo); Carabinieri Raggruppamento Operativo Speciale (Special Operational Group) of L’Aquila
  • Belgium: PPO Mons; Federal Police of Mons
  • Germany: Generalstaatsanwaltschaft Düsseldorf (General Public Prosecutor`s Office Düsseldorf); Landeskriminalamt Nordrhein-Westfalen (State Criminal Police Office of North Rhine-Westphalia)
  • Spain: Juzgado central of Instruccion num 6 (Central Investigative Judge num. 6 at Audiencia Nacional); Fiscalia Antidroga at Audiencia Nacional (PP Antidrug at Audiencia Nacional); Group OCT Udyco Central of Policia Nacional (Group OCT Udyco Central of National Police)
  • Ukraine: Prosecutor General’s Office; Counter Narcotics Department of the National
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Network of luxury car thieves dismantled with support of Eurojust

Source: Eurojust

A large-scale ring of luxury car thieves has been dismantled with the support of Eurojust and Europol. Using straw men and underprivileged people, the criminals hired or leased luxury vehicles, which they later registered in their own names through corrupt connections in official institutions.

The cars were resold outside the EU, including in the United Kingdom and the United Arab Emirates. In a series of recent coordinated actions in Spain, France, Germany, Latvia, Poland and Ukraine, 13 suspects were arrested for fraud, forgery and money laundering.

© – Ukrainian National Police

Through a coordination centre at Eurojust, over sixty places were also searched by national authorities. Several luxury vehicles, communication equipment and documents were seized, as well as over EUR 100 000 in cash.

The Spanish authorities launched their investigation in 2022 following reports of luxury cars going missing from legitimately operating car rental and lease companies in and around Malaga. These investigations revealed that dozens of vehicles were ultimately stolen across Europe by a network of linked criminals. They exploited around fifty vulnerable and underprivileged people by using their documents, such as driving licences and passports, to hire or lease luxury cars.

Through corrupt contacts in official institutions, they managed to register the hired vehicles on to their personal documents, so they could sell them in the European Union and beyond, including Ukraine, the United Kingdom and the United Arab Emirates. Some of the stolen vehicles were transported in containers to conceal the cars.

Investigations were later also started in France, Poland and Ukraine, which revealed links between different criminal groups using the same modus operandi. In March of this year, with the support and funding of Eurojust, authorities in France, Spain and Ukraine set up a joint investigation team into the car thefts. Eurojust also organised two preparatory coordination meetings to prepare for the recent action day week and set up the coordination centre.

Europol assisted the operations against the criminal network by producing criminal intelligence packages. It also provided an operational coordination centre to support the actions at police level.

Operations on the ground were carried out at the request of and by the following authorities:

  • Spain: Investigative Court no. 1, Málaga; Public Prosecutor’s Office, Málaga; Spanish National Police
  • France: Judiciary Tribunal, Grasse; National Gendarmerie, Central Office against Roving Crime (OCDLI)
  • Germany: Public Prosecutor’s Offices Essen and Osnabrück; Police Departments of Essen and Osnabrück
  • Latvia: 3rd Unit International Cooperation Department State Police
  • Poland: Public Prosecutor’s Office, Warsaw
  • Ukraine: Prosecutor General’s Office; Main Investigation Department and Department of Strategic Investigations of National Police
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Major operation to take down dangerous malware systems

Source: Eurojust

In an unprecedented operation against aggressive and dangerous computer malware, authorities in the European Union and beyond have taken actions against droppers including IcedID, Pikabot, Smokeloader, Bumblebee and Trickbot, which infiltrated computers via emails. The measures focused on disrupting criminal services through arresting suspects, the freezing of illegal proceeds, and taking down botnets, coordinated by Eurojust. The operation, which was carried out this week with support of Europol, is a follow up to the successful takedown of the Emotet malware system in 2021.

During actions carried out simultaneously in Germany, the Netherlands, France, Denmark, Ukraine, the United States and United Kingdom, 4 suspects were arrested, who offered the malware as a professional blackmail service to other criminal actors. Some of the suspects were involved in operating Emotet in the past.

Via so called ‘sinkholing’ techniques or the use of tools to access the systems of operators behind the malware, investigators managed to block and take down the botnets. Malware droppers are types of malicious software which downloads viruses, ransomware or spyware on computers. They are generally installed via mails with infected links or Word and PDF attachments, such as shipping invoices or order forms, to get access to personal data and or bank accounts of computer users.

Mainly enterprises and national authorities and institutions were made victims of the series of malware systems which now have been taken down. Users are warned to be careful when opening links and attachments to mails and check the origin of mails.

The investigations, which have been ongoing since the takedown of Emotet, also focused on the running of that malware itself as their operators did create the new botnets mentioned. During the coordinated actions 16 places were searched.

In total over 100 servers were taken down or disrupted and over 2 000 domains are under control of law enforcement authorities.

Furthermore, investigations showed that one of the main suspects has earned at least EUR 69 million in cryptocurrency by renting out criminal infrastructure for the deployment of ransomware. The transactions are constantly being monitored and legal permission to seize these assets instantly through future actions has already been obtained.

Eurojust set up a coordination centre on its premises to manage simultaneous actions in all countries concerned. The Agency also assisted national authorities in the preparation and execution of European Arrest Warrants, European Investigation Orders and requests for Mutual Legal Assistance, and organized five coordination meetings.

The following national authorities were involved in the operations on the ground:

  • Germany: Prosecutor General’s Office Frankfurt am Main – Cyber Crime Center; Federal Criminal Police Office (Bundeskriminalamt)
  • The Netherlands: National Prosecution Service; National Police
  • Austria: Public Prosecutor’s Office of Salzburg; Criminal Intelligence Service Austria (Bundeskriminalamt)
  • Denmark: National Special Crime Unit (NSK)
  • France: Prosecutor’s Office JUNALCO (National Jurisdiction against Organised Crime) Cybercrime Unit; Gendarmerie Nationale C3N
  • Ukraine: Prosecutor General’s Office; Main Investigation Department of National Police of Ukraine; Cyber Department of the Security Service of Ukraine
  • United Kingdom: National Crime Agency
  • United States: United States Department of Justice, Federal Bureau of Investigation, The Defense Criminal Investigative Service