2.1 Eurojust’s judicial work on the war in Ukraine

More than two years since the full-scale invasion of Ukraine, the war rages on with no clear end in sight. Serious violations of human rights and international humanitarian law continue to be committed. The war has triggered an unprecedented reaction from the international judicial community, with Eurojust’s work sitting at the heart of the EU’s judicial response.

In March 2022, only three weeks after the start of the war, Eurojust helped to set up a joint investigation team (JIT) into alleged core international crimes committed in Ukraine, in what is likely the fastest cross-border judicial response in history.

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

Two years on

Because of the complexity of gathering evidence of core international crimes (genocide, crimes against humanity and war crimes), it became clear that there was a need to amend Eurojust’s Regulation to allow it to preserve, store and analyse such evidence. Following the adoption of the amendment in record time, the Core International Crimes Evidence Database (CICED) started operations in February 2023.

In the same month, the European Commission President announced the creation of the International Centre for the Prosecution of the Crime of Aggression Against Ukraine (ICPA), which was launched at Eurojust in July 2023.

Since March 2023, Eurojust has been actively participating in the EU Freeze and Seize Task Force set up by the European Commission to ensure the effective implementation of EU sanctions against listed Russian and Belarussian oligarchs across the European Union (EU).

Also since March 2023, the Agency has been co-chairing the national investigations workstream of the Ukraine Accountability Dialogue Group, together with the Ukrainian Prosecutor General’s Office.

In addition to the above activities, Eurojust hosts the Genocide Network, whose unique expertise on the prosecution of core international crimes continues to guide practitioners working on Ukraine-related investigations through dedicated training sessions and publications.

  Two years on since the start of the full-scale invasion of Ukraine, we know that the road to justice is long and difficult – but we are determined to keep going, for as long as it takes.  

Joint investigation team into alleged core international crimes committed in Ukraine

The JIT, active since March 2022, consists of seven member countries (Lithuania, Poland, Estonia, Latvia, Slovakia, Romania and Ukraine), and since 2023 also involves other partners, either as participants or via a Memorandum of Understanding (see below). The JIT aims to facilitate investigations and prosecutions in the States concerned, as well as those which could be referred to the International Criminal Court (ICC). The JIT enables close cooperation between all involved parties and includes benefits such as the swift exchange of evidence, quick and easy information sharing, and Eurojust’s legal, analytical, logistical and financial assistance.

Eurojust ensures that the work of the JIT remains aligned with the various national Ukraine-related investigations currently ongoing in over 20 countries, including 17 EU Member States. Since 2022, 24 cases have been opened at Eurojust by national authorities in 10 Member States and 2 third countries in support of ongoing investigations related to war crimes and crimes against humanity following Russia’s invasion of Ukraine. Ukraine is involved in these cases through the Ukrainian Liaison Prosecutor at Eurojust.

(i) JIT developments in 2023

A Memorandum of Understanding was signed with the United States on 3 March, enabling practical arrangements for cooperation and the participation of US authorities in JIT coordination meetings.

Europol joined as a third participant on 10 October, following Eurojust and the ICC. Europol provides analytical and forensic assistance and supports the collection and analysis of data obtained from open sources, known as open-source intelligence (OSINT).

On 7 March 2023, the seven parties to the JIT amended the JIT agreement to reflect the role of the ICPA. The amendments to the JIT agreement define Eurojust’s role in support of the ICPA.

During a coordination meeting in Vilnius, Lithuania on 13-14 April 2023, the JIT’s members agreed to expand the JIT agreement to cover the crime of genocide, allegedly committed in Ukraine. JIT members also welcomed the U.S. Department of Justice’s pledge to second a prosecutor to the ICPA and discussed the use of the ICPA to support its work.

During 2023, while efforts to collect evidence continued, JIT members also dedicated time to setting priorities in their prosecutorial strategies and actively building cases. This work will result in more cases moving from the investigation phase to the prosecution phase in the near future.

On 29 February, JIT members agreed to prolong the JIT until March 2026. This extension demonstrates not only the benefits that this form of cooperation brings, but also the strong partnership and trust between the JIT parties who, together with Eurojust, are determined to bring justice to Ukraine and its people.

(ii) Support to the JIT in 2023

Throughout 2023, Eurojust and the JITs Network Secretariat continued to provide critical support to all JIT parties. Since the establishment of the JIT, Eurojust has organised more than 20 large-scale coordination meetings between all parties involved, providing technical and logistical support. The Agency has also assisted the JIT by preparing legal and analytical reports on evidentiary and prosecutorial issues concerning core international crimes.

The JIT relies on the legal, analytical, financial, logistical, administrative and operational support of Eurojust and the JITs Network Secretariat. During 2023, the JITs Network Secretariat played an active role in supporting the JIT, including by assisting the JIT parties with a range of legal issues, as well as providing financial support and equipment to the JIT parties for secure communications.

In 2023, the JIT was awarded several grants amounting to approximately EUR 161 000. At the time of writing, the total amount awarded to the JIT since its establishment in 2022 is EUR 323 000. This funding has covered the JIT’s costs related to travel, accommodation, translation, interpretation, specialist expertise and the purchase of low-value equipment.

During 2023, the JIT was also awarded an additional loan for equipment (laptops, phones and printers) for secure communication. The JITs Network Secretariat assisted with delivering the hardware to the JIT members and providing access to a special application for encrypted communication. To respond to the JIT’s specific needs, the JITs Network Secretariat has ensured agile support through its standard and urgent funding procedures under its 2023 JITs Funding Programme.

Core International Crimes Evidence Database (CICED)

On 23 February 2023, one year after the full-scale invasion of Ukraine began, Eurojust announced CICED’s start of operations. CICED is a unique, tailor-made judicial database to preserve, store and analyse evidence of core international crimes. CICED provides invaluable help to investigations related to the war in Ukraine by handling various pieces of evidence in different languages from multiple jurisdictions.

Centrally storing this evidence has many benefits, including the possibility to provide prosecutors with a detailed analysis of all the available evidence to help them develop effective prosecution strategies. CICED allows Eurojust to strengthen the coordination of national and international investigations, identify parallel investigations, and advise on investigation and prosecution strategies.

Since February 2023, CICED has received more than 2 000 files linked to evidence related to war crimes in Ukraine from the national authorities of 14 countries. On this basis, Eurojust’s CICED team has started analysing the evidence and assisting with prosecutorial strategies and cases.

Core International Crimes Evidence Database (CICED)

View CICED factsheet

The database consists of three components: safe transmission, secure storage and advanced analysis of submitted evidence. The safe transmission component was implemented in December 2022, while the digital secure storage solution became available in July 2023.

The third component of the database was released in December 2023 and includes tools to enable the analysis of structured data, including persons, locations and dates. The new tool allows for relational and temporal analysis, and can also create graphical representations of the analytical data to visualise potential relationships. These developments allow for more complex and targeted searches for evidence as well as enriched analysis. This analysis of data is integrated into the structural and case bases analysis of the evidence in order to support national authorities and other stakeholders with their investigations.

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. For this reason, national authorities are encouraged to submit evidence to the database in any format.

Eurojust continues to further develop the database. The next phase of implementation planned for 2024 includes the automation of optical character recognition (OCR) and translation, as well as making the evidence in CICED available to Eurojust’s National Members.

International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA)

The ICPA is a unique coordination platform, launched at Eurojust in July 2023, to support national investigations into the crime of aggression related to the war in Ukraine. Together with CICED, the ICPA is part of the support structure the Agency provides to the joint investigation team on alleged core international crimes committed in Ukraine.

Thanks to the ICPA, independent prosecutors from different countries are able to work together in the same location on a regular basis, exchange evidence quickly and efficiently, and coordinate a common investigative and prosecution strategy. ICPA participants carry out their investigative activities in accordance with their national criminal procedure laws.

While discussions about a possible special tribunal are ongoing, the ICPA is working to ensure that crimes are well documented and crucial evidence is not lost. The work of the ICPA will prepare and contribute to future prosecutions of the crime of aggression. For this reason, translation of evidence is being considered, including into Ukrainian and English, to ensure that it can be used in various jurisdictions.

The ICPA currently consists of participants from six countries: 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.

Participants in the ICPA benefit from Eurojust’s tailor-made operational, technical, logistical and financial support. The Agency has a dedicated team of legal experts to assist the ICPA participants in their work. This team ensures optimal synergy between the work of the ICPA and CICED. It is possible to store evidence in CICED submitted for analysis by the ICPA participants’ national authorities.

During 2023, ICPA participants made significant progress in determining the general approach to the investigative framework and principal components of cases on the crime of aggression. They also discussed the types of relevant evidence to focus on and the coordination of ongoing investigative efforts undertaken by individual ICPA participants at the national level. During the year, ICPA participants invited expert practitioners, legal scholars and other judicial experts to share their knowledge and experience.

The ICPA’s work continues, in close cooperation with the JIT and CICED, and with the firm support of Eurojust.

Practical guidance and training for judicial practitioners

The Genocide Network, hosted by Eurojust, provides expertise on the investigation and prosecution of core international crimes to law enforcement and judicial practitioners, including those working on Ukraine-related investigations. It does this by producing expert reports, bringing relevant stakeholders together to exchange experiences, know-how and best practices, as well as conducting training and capacity-building sessions.

On 5-7 June 2023, in the context of the ongoing conflict in Ukraine, the Genocide Network, the European Judicial Training Network and the International Nuremberg Principles Academy co-organised a joint three-day executive training in Nuremberg for judges and prosecutors on investigating and prosecuting core international crimes. Judicial practitioners from across the European Union as well as Ukrainian prosecutors attended the training. The training was delivered by international and national expert practitioners, who adopted a practical approach, combining a focus on legal frameworks and case-based exercises.

On 9 November 2023, the Genocide Network held its fourth ad hoc meeting on the war in Ukraine. The online event fostered an interactive and practice-oriented approach to facilitate cooperation and exchange of information on the respective activities of national authorities and civil society organisations. Participants included national authorities from EU Member States, the United States, Canada, Switzerland, Norway and Ukraine, as well as Eurojust, Europol and the ICC. As many as 20 civil society organisations from Ukraine, as well as those working at the international level, joined the meeting. The meeting was successful in building trust and cooperation between the national authorities and civil society organisations, resulting in bilateral contact and follow-up.

In October 2023, the Genocide Network published a paper entitled The crime of aggression in the national laws of EU Member States, Genocide Network Observer States and Ukraine. It briefly presents the historical evolution of the crime of aggression under international law, examining how its main components have been shaped from the aftermath of the Second World War until the adoption of the 2010 Kampala amendments to the Rome Statute. It also provides an overview of the national criminal laws of EU Member States, Genocide Network Observer States and Ukraine and examines the English translations of domestic provisions defining the crime of aggression, highlighting common features and main differences. This publication provides valuable insights for practitioners currently working on crime of aggression cases related to the war in Ukraine.

EU Freeze and Seize Task Force

In 2023, Eurojust continued to exercise its coordinating role in the EU ‘Freeze and Seize’ Task Force, established by the European Commission to ensure the efficient implementation of EU sanctions against listed Russian and Belarusian oligarchs across the European Union, in relation to the Russian invasion of Ukraine.

Eurojust continued to cross-check the list of individuals and companies sanctioned by the EU against Eurojust’s data, identifying and confirming several new links. The Agency also supported cases of violation of EU sanctions[1] and continued to collect relevant information at the national level on past and ongoing investigations related to persons on the sanctions list, to facilitate criminal proceedings and to map out legal and practical obstacles that may hinder the confiscation of assets owned or controlled by the listed individuals and companies.

During Eurojust’s first ever meeting on Money Laundering and Asset Recovery in June 2023, issues related to the criminalisation of the violation of the Union’s restrictive measures were presented by the European Commission and discussed by the participants, with the input of Ukrainian practitioners. Eurojust’s support to the EU Freeze and Seize Task Force since its inception was also presented by the Agency’s Task Force Contact Point together with the Liaison Prosecutor for Ukraine at Eurojust.

In a meeting of the Task Force on 23 June 2023, Eurojust delivered a presentation on the circumvention of EU sanctions via third countries. During the year, Eurojust also participated regularly in the meetings of the Task Force subgroup on the exchange of best practices on criminal investigations and confiscation. In addition, Eurojust continued to participate in Operation Oscar, led by Europol, to support the freezing of criminal assets owned by EU-sanctioned individuals and entities and provide judicial cooperation support to national authorities.

Ukraine Accountability Dialogue Group

The Ukraine Accountability Dialogue Group was launched by the Dutch Minister of Foreign Affairs at the United for Justice Conference in Lviv, Ukraine in March 2023. The Dialogue Group is a coordination mechanism that offers countries, international organisations and stakeholders from civil society a platform to discuss and align national and international accountability initiatives.

Eurojust, together with the Ukrainian Prosecutor General’s Office, co-chairs the work stream on national investigations. The purpose of this work stream is to promote an understanding of key challenges in national investigations into core international crimes and human rights violations and, where possible, to identify solutions.

During 2023, the work stream focused on evidence-related challenges of a practical, cooperation-related, analytical and procedural nature. Eurojust has encountered these various challenges in the context of the Dialogue Group as well as in its daily work in supporting national investigations. While progress has been made, these and more challenges lie ahead. What is certain is that only a shared commitment will ensure justice is done, through a global, collective and well-coordinated effort.

[1] See https://www.eurojust.europa.eu/news/support-dutch-action-against-violation-export-sanctions-russia-three-arrests