Eurojust and the war in Ukraine
Since the outbreak of the war, Eurojust has been at the forefront of supporting accountability for Russian crimes, based on its 20 years’ experience of working with national prosecutors on cross-border cases.
Just three weeks following the full-scale invasion by Russia in 2022, Eurojust supported the setting up of a Joint Investigation Team (JIT) that now consists of Ukraine, six EU Member States, the International Criminal Court and Europol.
Recognising the specific evidentiary challenges related to this type of investigations, a Core International Crimes Evidence Database (CICED) was established, based on an urgent amendment of Eurojust’s mandate, following the invasion of Ukraine. So far, hundreds of files from various countries including Ukraine have been submitted to CICED for preservation and analysis.
The International Centre for the Prosecution of the Crime of Aggression Against Ukraine (ICPA) is also hosted by Eurojust. It is a unique judicial hub fostering cooperation between national prosecutors, and enabling the exchange of evidence and a common prosecution strategy.
The Agency additionally hosts the EU Network for investigation and prosecution of genocide, crimes against humanity, and war crimes (the Genocide Network) - a central hub for the exchange of expertise in this area.
Since March 2022, Eurojust has also been actively participating in the EU Freeze and Seize Task Force set up by the European Commission to ensure the efficient implementation of EU sanctions against listed Russian and Belarussian oligarchs across the European Union. Eurojust provides operational support to the Task Force by coordinating Member States’ enforcement of Union sanctions through criminal law.
Browse our Key Developments Timeline, highlighting Eurojust’s actions in response to the war in Ukraine.
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Over the past 20 years, Eurojust has built up a solid track record in providing operational, technical, logistical and financial support to national prosecutors working on cross-border cases. From the very start of the Russian war of aggression against Ukraine, the same support has served to coordinate and strengthen national investigations into international crimes committed in Ukraine.
Eurojust helped to set up a Joint Investigation Team that now consists of Ukraine, six EU Member States and the ICC.
Recognising the specific evidentiary challenges related to this type of investigations, a Core International Crimes Evidence Database was established after a record speed amendment of Eurojust’s legal framework.
Already having this advanced support structure in place made Eurojust a logical choice for hosting the ICPA. Being located in The Hague will also facilitate close cooperation and coordination with the ICC and other international justice actors.
A JIT is set up by countries. It is based on a legal agreement between national authorities for the purpose of collecting and exchanging information and evidence.
The ICPA is set up by Eurojust. The purpose is to provide enhanced support to countries which have opened an investigation into the crime of aggression against Ukraine. Eurojust will not be collecting evidence itself; this will be done by national authorities in the context of their investigations.
The ICPA is not limited to JIT members but will provide support to the JIT.
Countries in possession of information or evidence relevant for the investigation of the crime of aggression against Ukraine may also request their participation in the ICPA.
The ICPA was set up in support of national judicial investigations into the crime of aggression that are being carried out by independent prosecutors and judges.
While having facilitated the discussions between stakeholders about setting up the ICPA, the European Commission, in full respect of the rule of law, has no influence on the prosecutorial process.
War crimes, crimes against humanity, genocide and aggression are all international crimes. While the legal sources that outlaw these crimes differ, they have in common that they constitute grave violations of international law and are therefore considered of concern to the international community as a whole.
As such, these crimes fall within the jurisdiction of the International Criminal Court. A different test applies to the exercise of jurisdiction over the crime of aggression than for the other core international crimes.
The international definition considers the crime of aggression as a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, rather than those who carry it out.
Countries in possession of information or evidence relevant for the investigation of the crime of aggression against Ukraine may request to participate in the ICPA.
While difficult to predict at this stage, a wider interest to participate may be expected in light of the unprecedented number of Ukraine-related national investigations.
It is also expected that the ICPA will be able to count on the knowledge of internationally recognised experts in this field, as many stakeholders have offered to support the ICPA in this manner.
There is a clear link between the work of the ICPA and the CICED. Evidence already submitted to CICED may be relevant for the investigation into the crime of aggression. Vice versa, national evidence brought in by ICPA participants can be stored in CICED and subsequently analysed.
Eurojust supported Lithuania, Poland and Ukraine in setting up the JIT on 25 March 2022, the International Criminal Court and later Europol in becoming a participant, and the extension of the JIT to four more EU member states. The Agency will support the JIT partners in the entire process with operational, analytical, legal and financial assistance. Eurojust also accommodates the coordination and cooperation between all national investigating and prosecuting authorities who have initiated investigations into core international crimes.
The 'Freeze and Seize' Task Force was set up by the European Commission to ensure the efficient implementation of the EU sanctions against listed Russian and Belarussian oligarchs across the EU.
The Task Force is composed of the Commission, national contact points from each Member State, Eurojust and Europol as well as other EU agencies and bodies as necessary. It will coordinate actions by EU Member States, Eurojust, Europol and other agencies to seize and, where national law provides for it, confiscate assets of Russian and Belarussian oligarchs.
CICED is the Core International Crimes Evidence Database , set up and managed by Eurojust. It is a unique, tailor-made judicial database in which evidence of core international crimes (genocide, crimes against humanity and war crimes) is stored, preserved and analysed. CICED enables the Agency to support national judicial authorities in investigating and prosecuting core international crimes and their context. Competent national authorities from EU Member States and countries with Liaison Prosecutors at Eurojust can submit evidence to CICED via secure file transfer. Possible types of evidence include, but are not limited to, videos, photographs, audio recordings, satellite images, witness statements, victim testimonies, and medical and forensic documents.
The fact that CICED stores evidence on core international crimes from national judicial proceedings in a single, secure, central database allows for the early identification of parallel investigations, which results in a more efficient use of resources. Providing an overview of interviewed victims helps avoid re-victimisation by repeated interviews. In addition, targeted evidence searches mean faster and more effective national investigations. Based on structured evidence, national and international authorities can successfully proceed with prosecutions.
Shortly after the beginning of the Russian invasion in Ukraine, the institutions of the European Union extended Eurojust's mandate. On 1 June 2022, Regulation 2022/838 entered into force, allowing the Agency to preserve, analyse and store evidence of core international crimes, and thereby paving the way for CICED. The evidence database has been set up within Eurojust's secure IT environment and complies with the highest IT security and data protection standards.
Please contact your National Desk or Liaison Prosecutor by email, specifying that you wish to submit evidence to CICED. Eurojust will contact you with information on how evidence transfer works, or if you have already submitted evidence, with the technical information necessary for the transfer. Please note that this contact option is reserved exclusively for national judicial authorities.
Eurojust will receive evidence submitted by national authorities. Information collected by private parties such as non-governmental organisations and civil society organisations may eventually become evidence, but it needs to be assessed by national and international judicial authorities. Private parties are therefore asked to submit relevant information to their national authorities.
CICED is not limited to a particular conflict. It can serve as evidence storage for any armed conflict investigated by Eurojust's partners.
More information is available in this section of the Eurojust website.
Videos
Eurojust and the war in Ukraine
Since the full-scale Russian invasion of Ukraine in 2022, Eurojust has been at the forefront of supporting accountability for crimes committed there. This work is based on over 20 years’ experience the EU Agency has working with national prosecutors on cross-border cases. Learn about the work of Eurojust in this field.
Joint investigation team for crimes committed in Ukraine
Just three weeks after the war began, Eurojust supported the establishment of a joint investigation team (JIT) into alleged core international crimes committed in Ukraine. The JIT, originally set up between Ukraine, Lithuania and Poland, soon extended its membership to four additional countries (Estonia, Latvia, Slovakia and Romania), and added the participation of the ICC, Europol, and a Memorandum of Understanding with the United States. The JIT allows for close cooperation between all parties involved, and an effective and swift exchange of information and evidence.
Core International Crimes Evidence Database (CICED)
The Core International Crimes Evidence Database (CICED) is a unique, tailor-made judicial database set up by Eurojust in 2023 to preserve, store and analyse evidence of core international crimes. The centralised approach supports national and international investigations by shedding light not only on individual offences but also on the systemic actions behind them. CICED was set up based on an amendment to Eurojust’s mandate in 2022.
CICED consists of three components:
- a safe digital data transmission method,
- secure data storage and
- advanced analysis tools.
International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA)
The International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) is a unique judicial hub embedded in Eurojust to support national investigations into the crime of aggression related to the war in Ukraine. Thanks to the ICPA, independent prosecutors from different countries are able to work together in on a daily basis, exchange evidence, and agree on a common investigative and prosecution strategy. The work of the ICPA is preparing or contributing to any future prosecutions of the crime of aggression.
Guidance and training on core international crimes
Guidance and training on investigating and prosecuting core international crimes is important for national prosecutors to efficiently manage their cases. It’s also essential that civil society organisations supporting people impacted by such crimes have guidance on what is the best way to proceed with victims and witnesses of core international crimes. Such training and guidance is offered by Eurojust and its partners, especially the EU Network for investigation and prosecution of genocide, crimes against humanity and war crimes (the Genocide Network), whose Secretariat is hosted by Eurojust.
Eurojust and the EU Freeze and Seize Task Force
Since March 2022, Eurojust has actively participated in the EU Freeze and Seize Task Force set up by the European Commission to ensure the efficient implementation of EU sanctions against listed Russian and Belarussian oligarchs across the European Union. Eurojust provides operational support to the Task Force by coordinating Member States’ enforcement of Union sanctions through criminal law.
Guidelines on Documenting International Crimes - Joint statement (short version)
Ladislav Hamran, President of Eurojust, and Karim A.A. Khan KC, Prosecutor of the International Criminal Court, explain the purpose, scope and main features of the Guidelines for Civil Society Organisations on Documenting International Crimes and Human Rights Violations for Criminal Accountability Purposes.
EU Day Against Impunity 2023
On 23 May 2023, the 8th EU Day Against Impunity took place as part of the MLA Diplomatic Conference for the Adoption of the Convention on International Cooperation in the Investigation and Prosecution of Genocide, Crimes Against Humanity, War Crimes and other International Crimes. The recording includes contributions from the Swedish Presidency of the Council, the European Commission, Eurojust and the Genocide Network.
Media briefing on the JIT on alleged international crimes in Ukraine | 23/02/2023
On 23 February 2023, Eurojust held a hybrid media briefing on the joint investigation team into alleged core international crimes in Ukraine, the Core International Crimes Evidence Database (CICED) and the future International Centre for the Prosecution of the Crime of Aggression in Ukraine (ICPA).
Eurojust Open Day 2022: Justice in times of adversity - Eurojust and core international crimes
Eurojust Open Day on 16 October 2022: Matevž Pezdirc, Head of the Genocide Network Secretariat, and Selina Ganescu, Deputy National Member for Germany and Vice-Chair of Eurojust's Counter-Terrorism Team, discuss the role of the Agency and the Genocide Network in delivering justice for victims of genocide, war crimes and crimes against humanity.
Media briefing on the JIT on alleged international crimes in Ukraine | 13/10/2022
On 13 October 2022, Eurojust held an online media briefing on the joint investigation team into alleged core international crimes in Ukraine.
Guidelines on Documenting International Crimes - Joint statement of Eurojust and the ICC Prosecutor
Ladislav Hamran, President of Eurojust, and Karim A.A. Khan KC, Prosecutor of the International Criminal Court, explain the purpose, scope and main features of the Guidelines for Civil Society Organisations on Documenting International Crimes and Human Rights Violations for Criminal Accountability Purposes.
Press conference - Joint investigation team on alleged core intl. crimes in Ukraine
A recording of the press conference which was held at Eurojust in The Hague on 31 May 2022. It was announced that the judicial authorities of Estonia, Latvia and Slovakia would become members of the joint investigation team (JIT) on alleged core international crimes, which had been set up with the support of Eurojust.
EU Day Against Impunity 2022
On 23 May 2022, the French Presidency of the Council, the European Commission, Eurojust and the Genocide Network marked the 7th EU Day Against Impunity. It was devoted to a practical assessment of the 2014 Strategy of the EU Genocide Network to combat impunity for the crime of genocide, crimes against humanity and war crimes.