Category: Ukraine conflict

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The joint investigation team enhances investigations into crimes of torture, ill-treatment and filtration in Ukraine

Source: Eurojust

Over the last two and a half years, the JIT’s operations have significantly strengthened the capacity of member states to investigate Russian war crimes, laying a solid legal foundation for gathering, preserving, and exchanging evidence.

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.

United for Justice conference

The United for Justice Conference, organised by the Office of the Prosecutor General of Ukraine on 11 September in Kyiv, was dedicated to the attacks committed by Russia to vital civilian infrastructure objects and their impact on Ukrainian population.

Since the start of the war, Ukraine has suffered devastating assaults on the energy grids, healthcare and education facilities, and agricultural land. The destruction has been widespread. Entire villages, towns, and cities have been nearly or completely destroyed, and homes, schools, hospitals have been reduced to ruins.

According to the data shared by the Ukrainian authorities, agricultural land has decreased by 24% since February 2022, affecting food security globally as well as the livelihoods of Ukrainians. As of December 2023, 3,798 educational institutions have been bombed or shelled, denying countless children the education they deserve.

The conference was officially opened by Ukrainian President Volodymyr Zelenskyy, together with Ukraine’s Prosecutor General, Andriy Kostin, Eurojust President, Ladislav Hamran, and other key stakeholders involved in accountability efforts for core international crimes allegedly committed in Ukraine.

Ladislav Hamran, Eurojust President,
© Office of the Prosecutor General of Ukraine

President Hamran commented: International humanitarian law is clear: civilian objects – those that do not serve a military purpose – cannot be targeted. These laws exist to protect those who are not involved in the fighting and their violation can constitute war crimes and crimes against humanity. Today, we are here to deliver a powerful message: Ukraine, with the support of the international community, will not let this happen. At Eurojust, we remain fully committed to making sure that justice is done.

During today’s conference, President Hamran also presented Eurojust’s operational work to tackle the illicit sale of technologies to Russia, a global challenge that needs a global response. In addition to this operational work, on 12 July, Eurojust and the U.S. Department of Justice organised a key meeting in The Hague to address this issue.

The conference dedicated several sessions to analysing the scale of the damage done to the energy, grain and ports infrastructure, and the health care and education facilities. Participants discussed the urgent need to investigate and prosecute these crimes and to mobilise resources to deter their commission and effectively deal with their consequences.

Eurojust and the war in Ukraine

Since the outbreak of the war, Eurojust has been at the forefront of supporting accountability for Russian crimes. Just three weeks following the full-scale invasion by Russia in 2022, Eurojust supported the setting up of a JIT that now consists of Ukraine, six EU Member States, the International Criminal Court and Europol.

In February 2023, Eurojust launched the Core International Crimes Evidence Database (CICED), based on an urgent amendment of Eurojust’s mandate, following the invasion of Ukraine. So far, thousands of files from various countries including Ukraine have been submitted to CICED for preservation and analysis. The International Centre for the Prosecution of the Crime of Aggression Against Ukraine (ICPA), launched in July 2023 is also hosted by Eurojust, and together with CICED supports the work of the JIT.

For more information on the various actions taken by Eurojust since the outbreak of the war in Ukraine, please consult our dedicated webpage.

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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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Eurojust and U.S. Department of Justice co-host meeting aimed at ensuring sensitive technologies stay out of the wrong hands

Source: Eurojust

The unlawful acquisition of sensitive technology is a significant threat to free and democratic societies around the world. When in the wrong hands, innovations that include semiconductor technology, quantum computing, biosciences and artificial intelligence can be used to increase the military capabilities of foreign adversaries. The technologies can also be used to engage in mass surveillance, suppress dissidents living abroad or commit other human rights abuses.

The meeting served as a unique opportunity for US and European partners to discuss the threats posed by the acquisition of sensitive technology by non-allied nations; exchange information about efforts to combat such threats, including relevant authorities, enforcement tools and best practices; and identify opportunities for further collaboration. As part of this discussion, the United States highlighted its Disruptive Technology Strike Force, a US inter-agency programme launched in 2023 aimed at preventing critical technologies from being unlawfully acquired.

Opening remarks were delivered by European Commissioner for Justice Didier Reynders, Eurojust President Ladislav Hamran, U.S. Department of Justice Assistant Attorney General for National Security Matthew G. Olsen, and Prosecutor General of Ukraine Andriy Kostin.

In his remarks, Eurojust President Mr Ladislav Hamran stated: ‘The acquisition of advanced technology by foreign adversaries is a global problem that demands a global solution. The Russian war of aggression against Ukraine has only increased the urgency of finding effective solutions to this longstanding challenge. The presence of so many stakeholders at today’s meeting sends a powerful signal: we can and must do better, because in the end, this is not just about technology but about protecting innocent lives.’

In his remarks, Assistant Attorney Mr Matthew G. General Olsen said: ‘The countries represented here have a shared commitment to the common goal of combatting the national security threat posed by the misuse of critical technology. International partnerships are critical to our work.  Our adversaries’ efforts to obtain sensitive technology reaches across the globe, and it demands an international response.’

The meeting was divided into topical sessions that featured speakers from EU Member States, EU institutions, other European countries and the United States. Participants highlighted recent examples of coordinated law enforcement actions against criminal actors involved in the illegal export of sensitive technology to foreign adversaries.

Participants agreed to carry the momentum forward and reaffirmed their commitment to protecting critical technology assets from being acquired or used by foreign adversaries.

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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

ICPA:

Other Ukraine-related developments:

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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

Open the timeline

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:

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Support to Dutch action against violation of export sanctions to Russia: three arrests

Source: Eurojust

Eurojust and Europol have supported a coordinated action of the Dutch, German, Latvian, Lithuanian and Canadian authorities against the alleged violation of export sanctions to Russia. During a joint action day, three suspects were arrested and 14 places searched in view of investigations into the illegal export of technological and laboratory equipment, which could be used for military purposes. Such exports are illegal due to the EU-wide sanctions, which were imposed after the outbreak of the war in Ukraine.

The arrested persons are suspected of being part of an international smuggling network. The physical and digital administration of a Dutch-registered enterprise has been seized, in addition to the enterprise’s bank account and communication tools.

Investigations into the case were initiated at the end of 2023 by the Dutch authorities and led to the uncovering of a web of enterprises, which were used to circumvent the ban on exports to Russia. These enterprises were centred around a Dutch-registered trading company, which was set up in 2017 for the import, export and sales of electro-technical and laboratory equipment, among other goods.

Two of the suspects were administrators of the main trading company. The third suspect is an employee of an external contractor, who is alleged to have been aware of the violation of the export ban. The trading company in question is now run by an administrator in Russia, who is also the sole shareholder.

Eurojust enabled the cross-border judicial cooperation and organised a coordination meeting to prepare for the joint actions, at request of the Dutch authorities. It also set up a coordination centre during the action day, which was held on 9 January.

Europol has been supporting the investigation by providing analytical support, as well as conducting cross-checks on the gathered data.

The actions were carried out at the request of and were supported by the following authorities:

  • The Netherlands: National Prosecution Office for Serious Fraud, Environmental Crime and Asset Confiscation (Functioneel Parket); Investigation Service for Financial and Tax Crime (Fiscale Inlichtingen- en Opsporingsdienst, FIOD)
  • Germany: Public Prosecutor`s Offices of Berlin, Düsseldorf, Hamburg and Krefeld; Customs Investigation Service (ZFD) with offices in Berlin, Essen and Hamburg
  • Latvia: Prosecutor General’s Office; State Security Service
  • Lithuania: Vilnius Regional Public Prosecutor’s Office, Customs Criminal Service