Following the atrocities in Bucha, Ukraine, President Ursula von der Leyen tasked Justice Commissioner Didier Reynders with monitoring and supporting the coordination of EU efforts to investigate war crimes and crimes against humanity committed in Ukraine.
Much work is being done in this area. With the support of Eurojust, a Joint Investigation Team was set up to gather evidence and investigate the most serious international crimes committed in Ukraine. The Joint Investigation Team consists of the International Criminal Court, Ukraine, Lithuania, Poland, Estonia, Latvia, Slovakia and Romania.
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The Eurojust Regulation has been amended to provide the Agency with the legal capacity to securely store and analyze evidence relating to core international crimes. The forensic database was launched in February 2023.
The International Criminal Court (ICC) has jurisdiction to prosecute the most serious international crimes, such as genocide, crimes against humanity and war crimes. It also has jurisdiction to prosecute the crime of aggression, but only in relation to those countries that have accepted its jurisdiction in respect of that crime. Given that Russia does not accept the jurisdiction of the ICC and therefore the ICC cannot exercise this jurisdiction in the context Russia's war with Ukraine. To close this gap, in November 2022, the European Commission presented various options to Member States. It is also about making sure that Russians are held accountable for the crimes committed in Ukraine. This would be done through the establishment of a special tribunal supported by the UN and the international community to effectively prosecute the crime of aggression. ICPA is the first step in this process to preserve evidence and prepare prosecutions for future trials, both domestic and international.
“Russia's invasion has brought untold suffering to Ukraine.
Almost a year ago, the world discovered the horrors of Bucza.
I was there myself and witnessed the atrocities committed by the Russian forces.
There is increasing evidence of direct attacks against civilians as well as energy and other infrastructure.
Russian forces are known to have committed torture, ill-treatment, sexual violence and summary executions. Not even the children were spared.
Russia must be held accountable for these horrific crimes. Putin must be held accountable.
We must do everything in our power to bring the perpetrators to justice.
The European Union supports the role of the International Criminal Court. We also believe that a special tribunal is needed to prosecute the Russian crime of aggression.
And I am proud that at this conference, as a first step, you will sign an agreement to establish an International Center for the Prosecution of Crimes of Aggression in The Hague.
The European Union will continue to work with our partners to make sure Russia pays.
We are united in defending justice for Ukraine.
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Source: European Commission/EU
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