Core international crimes

Core international crime cases in 2021

More information on core international crime cases in 2021 is available in the Eurojust Annual Report 2021

The crime of genocide, crimes against humanity and war crimes, known collectively as core international crimes, threaten the peace, security and well-being of our world. While today’s conflicts and atrocities largely take place outside EU borders, their impact is keenly felt within the Member States. Under international law, the primary responsibility to investigate and prosecute these heinous crimes falls on national authorities.

The escalation of nearby conflicts in the European Union’s wider neighbourhood, combined with the influx of refugees to the Member States in recent years, has left States struggling to manage a growing number of challenging cross-border cases.

Successful investigations are built on specialist knowledge and close coordination between national authorities, and often require the gathering of evidence scattered across different countries. Most cases require interactions with third States and international partners.

Eurojust and the EU Network for investigation and prosecution of genocide, crimes against humanity and war crimes (‘the Genocide Network’) support national authorities in their investigations and prosecutions.

Challenges

Core international crimes often have direct links with the Member States. Through international treaties such as the Geneva Conventions and the Rome Statute of the International Criminal Court (ICC), national authorities have the primary responsibility to investigate and prosecute war criminals and other perpetrators of core international crimes irrespective of where the crimes have been committed.

States exercise their jurisdiction over these crimes based on the principle of nationality (of a perpetrator or victim) or on the principle of extraterritorial (universal) jurisdiction. The latter enables prosecution of a perpetrator regardless of his or her nationality or that of their victims, subject to certain conditions such as presence or residence in the State of prosecution.

Combined with inflows of refugees to the Member State, the recent escalation of nearby conflicts in Syria and Northern Iraq, as well as more distant locations such as Rwanda, Sierra Leone and the Democratic Re-public of Congo, has brought these crimes increasingly within the scope of Europe’s judiciary. These recent or ongoing crimes may directly implicate EU nationals, such as those committed by foreign terrorist fighters (FTFs). Alternatively, citizens of Member States may be involved in investigations as witnesses of the committed offences, or even as victims.

As core international crimes are not statute-barred, a number of investigations concerning cases pertaining to the Second World War or to the former communist regimes of Eastern Europe remain ongoing. Additionally, there are ongoing cases relating to the war in former Yugoslavia. Jurisdiction for cases committed in the Member States is based on the principle of territoriality.

Finally, Member States may receive requests for mutual legal assistance relating to core international crimes not linked with their territory, but for the purpose of collecting evidence (for instance, financial or bank information) or the seizure of proceeds of crimes committed abroad.

Eurojust and the Genocide Network

A growing caseload has brought to light the challenges presented at national level by complex cross-border assignments. Investigators and prosecutors may face obstacles in establishing jurisdiction, linking a perpetrator with a crime scene, gathering evidence and finding witnesses. They are often restricted from visiting States where crimes have been committed, preventing them from locating evidence and interviewing witnesses.

Frequent links with other types of crimes, including terrorism, migrant smuggling and human trafficking, trafficking of diamonds and other natural resources, and money laundering present further challenges. These obstacles demand a coordinated approach, with national authorities working together and sharing resources under a cohesive strategy.

Eurojust and the EU Network for investigation and prosecution of genocide, crimes against humanity and war crimes (‘the Genocide Network’) support national authorities in their investigations and prosecutions.

Working out of Eurojust’s premises in The Hague, their role involves cooperating with practitioners in the field, as well as NGOs and international bodies, such as the International Criminal Court (ICC) or the International, Impartial and Independent Mechanism for Syria (UN IIIM), to ensure best practice and serve as a central hub for information and knowledge-sharing during cases.

Find more information on how Eurojust and the Genocide Network support national authorities in their investigations and prosecutions. Additionally, this factsheet provides a comprehensive overview of the successful cooperation, case examples and information on the EU Day against Impunity.

Publications

PUBLICATION DATE:21 September 2022
These guidelines aim to assist civil society organisations to collect and preserve information related to international crimes and human rights violations, which may become admissible evidence in court. A series of proposed ‘do’s and don’ts’ are provided, on what may be helpful and what could...
PUBLICATION DATE:29 June 2022
In a landmark judgement on 13 January 2022, the German Higher Regional Court of Koblenz sentenced a former high-ranking Syrian official to life imprisonment for his involvement in crimes against humanity. In 2021, an associate of the high-ranking official was sentenced by the same court to four and...
PUBLICATION DATE:23 May 2022
This factsheet outlines the key factors for successful investigations and prosecutions of genocide, crimes against humanity and war crimes within the EU. It is essential for Member States to adopt a complete legislative framework defining core international crimes into national law. To build...
PUBLICATION DATE:23 May 2022
Using observations collected by the Genocide Network Secretariat from Genocide Network Member and Observer States, this report engages in a stocktaking exercise. Looking back at recommendations listed in the 2014 Strategy of the Genocide Network to combat impunity for genocide, crimes against...
PUBLICATION DATE:30 November 2021
Sanctions, embargo, or restrictive measures, are political trade restrictions imposed by the United Nations or the European Union. They target governments, organised military or paramilitary groups, commercial entities and individuals whose behaviour contravenes international law and present...
PUBLICATION DATE:25 June 2020
On Saturday 23 May 2020, the fifth EU Day against Impunity was marked in an alternative format, due to the current Covid-19 crisis. The event was organised in collaboration with the Croatian Presidency, the European Commission, the Network for investigation and prosecution of genocide, crimes...
PUBLICATION DATE:19 May 2020
The crime of genocide, crimes against humanity and war crimes, known collectively as core international crimes, threaten the peace, security and well-being of our world. While today’s conflicts and atrocities largely take place outside EU borders, their impact is keenly felt within the Member States...
PUBLICATION DATE:06 January 2023|Last update: 06 January 2023
On a periodic basis, the Genocide Network, in its effort to raise awareness on accountability and the fight against impunity, gathers and translates judicial decisions of national jurisdictions of EU Members States regarding cases of core international crimes. The current selection of national...
PUBLICATION DATE:07 November 2019
1. The Finnish Presidency of the Council of the EU and the European Network of Contact Points for the investigation and prosecution of genocide, crimes against humanity and war crimes (hereinafter referred as the ‘Network’) reiterated the importance of the Network as a forum for practitioners to...
PUBLICATION DATE:12 June 2019
On 23 May 2019, the fourth EU Day Against Impunity took place at the premises of Eurojust. The event was organised by the Romanian Presidency in cooperation with the European Commission, the Network for investigation and prosecution of genocide, crimes against humanity and war crimes and Eurojust...