The EU Network for investigation and prosecution of genocide, crimes against humanity and war crimes (the Genocide Network, hosted by Eurojust), provides support to national authorities in their investigations and prosecutions of core international crimes. It serves as a central hub for the exchange of information and expertise, and assists national jurisdictions, international bodies and civil society in coordinating accountability efforts.

Guidelines for civil society organisations on documenting international crimes

In September 2022, Eurojust, the Genocide Network and the Office of the Prosecutor at the International Criminal Court (ICC) published practical guidelines for civil society organisations on documenting core international crimes, such as war crimes and crimes against humanity. The guidelines respond to widespread requests from civil society organisations for clearer guidance on effective documentation approaches that can be supportive to action before national and international courts. The publication is built on the collective expertise of Eurojust, the Genocide Network, the Office of the Prosecutor at the ICC, civil society organisations, national prosecutors and international partners. Civil society organisations were consulted throughout the drafting process.

The guidelines contain advice on approaching vulnerable persons; taking a person’s account, photographs and videos; dealing with documents, digital information and physical items; and storing, safeguarding and analysing collected information. Importantly, they seek to protect the most vulnerable by ensuring persons are not interviewed several times. This can not only affect their safety and well-being, but also compromise their willingness to contribute to accountability processes by sharing their testimonies.

  With the war in Ukraine, peace and justice are under the most severe pressure, and accountability for core international crimes and violations of human rights is more than ever essential for international criminal justice. These guidelines will be a key building block in efforts of authorities and civil society organisations to collect and preserve information and evidence that may become admissible in court. With this joint effort of Eurojust and the Office of the Prosecutor at the ICC, we provide practical assistance to get justice done.

To assist their use in the field, the guidelines contain a checklist setting out the core principles and practical steps to follow. Most recently, the guidelines have been used by civil society organisations to train their staff working with national investigation and prosecution authorities to set up victim-friendly systems for the identification and referral of persons who would like to testify in relation to the war in Ukraine.

Building on extensive good practice tools developed by civil society organisations in the past, the guidelines are intended to be a living tool to be further developed as collective experience grows over time. With this goal in mind, Eurojust hosted an online briefing on 6 October 2022 attended by over a hundred experts from civil society organisations to discuss the guidelines’ practical use and future improvements.

A broader dissemination campaign is currently underway with translated guidelines already available in Ukrainian, French, Spanish and Arabic. These translations will enable the guidelines’ outreach to grow beyond EU borders.

With the aim of further strengthening the dialogue between national authorities and civil society organisations, the Genocide Network organised two ad-hoc meetings in April and November 2022, on the documentation of crimes committed in Ukraine.

Training sessions on core international crime provided by the Genocide Network and partners

During 2022, following popular demand, the Genocide Network and partners organised a series of training sessions for prosecutors, judges and law enforcement officers on the investigation and prosecution of core international crimes. The training sessions were highly appreciated by participating judicial practitioners, and proved to be an effective and efficient way of increasing their capacity to deal with the investigation and prosecution of core international crimes.

In March, the Genocide Network conducted an introductory online workshop for EU prosecutors and investigators, delivered by expert prosecutors and national Contact Points of the Genocide Network.

This was followed in June by an in-person joint training by the Genocide Network, the European Judicial Training Network (EJTN) and the International Nuremberg Principles Academy, bringing together judges and prosecutors from all EU Member States dealing with the prosecution and trial of complex cross-border and/or international crimes. About 40 EU prosecutors and judges joined the training, as well as 2 Ukrainian prosecutors. Expert speakers from academia, international courts and tribunals, as well as national prosecuting authorities, shared their insights with participants.

Between October and December 2022, a series of six online workshops on practical issues faced when investigating and prosecuting core international crimes were conducted for practitioners of JIT member countries (Ukraine, Lithuania, Poland, Estonia, Latvia, Slovakia, Romania), currently investigating core international crimes committed in Ukraine. The workshops tackled core international crime cases focusing on specific themes, such as taking witness statements, conflict-related sexual violence, use of open source information, practical aspects of building a case, legal aspects and international cooperation. The speakers from prosecuting authorities of Germany, France, the Netherlands and Sweden, shared their invaluable expertise drawn from practical experience. The series of workshops was organised by the Genocide Network and the EJTN, with the support of the European Commission.

7th EU Day Against Impunity for Genocide, Crimes against Humanity and War Crimes

The EU Day Against Impunity is an annual event that promotes national investigations and prosecutions into genocide, crimes against humanity and war crimes. It recognises the efforts of the European Union and Member States in enforcing international criminal law, and addresses the position and participation of victims in criminal proceedings.

The 7th EU Day Against Impunity took place online on 23 May and was organised by the French Presidency of the Council, the European Commission, Eurojust and the Genocide Network. Commissioner Reynders, Eurojust President Hamran, the French Ambassador to the Netherlands, and a panel of expert practitioners from Member States and civil society participated in the event.

 In the current situation, we must recognise that peace in Europe cannot be taken for granted. With “war”, often come “war crimes”, which violate the most fundamental laws of international order. We must defend these laws at any cost because the consequences for the victims, and humanity, are too grave to accept.

The 2022 edition was dedicated to the assessment of the EU Genocide Network’s 2014 Strategy. The assessment report 20 years on: Main developments in the fight against impunity for core international crimes in the EU, was published for the occasion, and points out the main achievements and shortcomings of the EU judicial response to core international crimes. A related factsheet outlining the key factors for successful investigations and prosecutions of core international crimes was also published.

The publications demonstrate that Member States have been increasingly successful in bringing cases to trial and securing convictions for core international crimes, thanks to specialised staff and units uniquely trained to handle the specific challenges of this crime area. However, to date, only six Member States have established fully independent specialised units within prosecution services and/or law enforcement services. National authorities also face other challenges including legislative gaps that hinder the full prosecution of crimes, the exercise of universal jurisdiction, as well as international judicial cooperation or mutual legal assistance (MLA).

[1] Belgium, Germany, France, Croatia, the Netherlands and Sweden