2.1 Operational support to investigating and prosecuting core international crimes
Eurojust provided operational support to 35 core international crime cases in 2022, involving 38 countries[1]. The Agency also supported 2 joint investigation teams (JITs) involving 10 countries[2], and 23 coordination meetings involving 36 countries[3].
Since 2016, investigations and prosecutions of the crime of genocide, crimes against humanity and war crimes (known collectively as core international crimes), have steadily risen within the European Union. Overall, the number of newly opened cases in Member States increased by 44% between 2016 and 2021 . Since the formal addition of core international crimes to Eurojust’s portfolio in 2019, the number of cases supported by the Agency has also increased. Compared to 2021, the total number of core international crime cases handled by the Agency more than doubled in 2022, while the number of new cases more than tripled.
Eurojust support to joint investigation team targeting crimes against Yezidi victims in Syria and Iraq
Crime: During the armed conflict in Syria and Iraq, core international crimes are committed by foreign terrorist fighters (FTFs) against the civilian population, including the Yezidi community.
Action: The judicial authorities in Sweden and France set up a JIT in October 2021 to identify the FTFs who perpetrated these crimes, in view of potential prosecution. In October 2022, the Belgian judicial authorities join the JIT. Identifying the victims and witnesses of these crimes committed in Syria and Iraq, is currently a focus of the JIT.
The authorities involved in the JIT are cooperating with the United Nations Investigative Team to promote accountability for crimes committed by Da’esh/Islamic State in Iraq and the Levant pursuant to its mandate. The JIT members are also working with the International, Impartial and Independent Mechanism to assist in the investigation and prosecution of persons responsible for the most serious crimes under international law committed in the Syrian Arab Republic. Both organisations hold a significant amount of evidence and expertise in investigating core international crimes in the region, which may be crucial in establishing the crimes committed. JIT members are closely cooperating with the judicial authorities also in other states (among others Canada, Germany, the Netherlands and US).
Result: The investigative efforts of the JIT are ongoing. The results will benefit the judiciary in other EU Member States or third countries, who want to end the impunity of FTFs involved in core international crimes, such as slavery or sexual violence against members of the Yezidi community. So far, two arrest warrants (one in absentia) have been issued as a result of the investigation.
Eurojust's Role: The Agency’s support to the JIT will enable the long-term coordination of investigations and the swift sharing of information and evidence. The joint efforts will also avoid multiple interviews of the same victims, who have lived through dire circumstances. Eurojust has assisted in the organisation of four coordination meetings in 2022. The Agency is assisting JIT countries in determining the most suitable jurisdiction for prosecution and advising on the prevention of multiple legal actions against perpetrators for the same offence.
[1] France (19), Ukraine (18), Germany (10), Belgium (9), Sweden (9), Netherlands (7), Lithuania (6), the United Kingdom (6), Ireland (5), Latvia (5), Poland (5), Slovakia (5), Spain (5), United States (5), Estonia (4), Italy (4), Norway (4), Serbia (4), Austria (3), Croatia (3), Czech Republic (3), Finland (3), Hungary (3), Romania (3), Switzerland (3), Bulgaria (2), Cyprus (2), Denmark (2), Greece (2), Luxembourg (2), Malta (2), Portugal (2), Slovenia (2), Albania (2), Georgia (2), Montenegro (2), North Macedonia (2), Canada (1)
[2] France, Ukraine, Belgium, Sweden, Lithuania, Latvia, Poland, Slovakia, Estonia and Romania
[3] Ukraine (17), Lithuania (13), Poland (13), France (12), Belgium (8), Sweden (8), Latvia (8), Slovakia (8), Estonia (8), Ireland (7), Germany (6), Netherlands (6), Romania (5), the United Kingdom (5), the United States (5), Norway (4), Spain (3), Czech Republic (3), Switzerland (3), Canada (3), Italy (2), Serbia (2), Austria (2), Hungary (2), Cyprus (2), Denmark (2), Greece (2), Portugal (2), Slovenia (2), North Macedonia (2), Croatia (1), Finland (1), Bulgaria (1), Malta (1), Albania (1), Georgia (1)
[4] According to case statistics compiled by the Genocide Network Secretariat on a yearly basis.