On Friday 20 October, the Spanish Presidency of the EU Council presented a progress report on the measures taken to combat impunity for crimes committed during Russia’s war of aggression against Ukraine to the European Justice Ministers, meeting in Luxembourg.
During the discussions, the Spanish Presidency, represented by the Acting Minister of Justice, María Pilar Llop Cuenca, stressed the importance of a judicial response to Russia’s aggression. Key initiatives such as the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA), which opened this summer (see EUROPE 13214/10), and the International Crimes Evidence Database (ICED) were particularly highlighted as essential for future prosecutions.
These efforts are all the more critical given that the International Criminal Court (ICC) cannot prosecute Russian leaders, as Russia has not ratified the Rome Statute. Faced with this impasse, the EU is mobilising to close the legal loopholes and ensure that justice is done.
At the end of the debates, Ms Llop Cuenca reaffirmed at the press conference the EU’s commitment to holding Russia responsible for the abduction of children and the damage caused by its acts of aggression. In her view, the damage register (see EUROPE 13248/27) is a first-rate initiative aimed at documenting the damage suffered for future legal proceedings.
For his part, the European Commissioner for Justice, Didier Reynders, reiterated the Commission’s unwavering commitment not to allow serious crimes, including the crime of aggression, to go unpunished. He spoke of collaboration with various players within and outside the EU, including the ICC, despite its current jurisdictional limitations. Particular attention was paid to discussions on the creation of a special tribunal for crimes of aggression against Ukraine, illustrating the EU’s willingness to prosecute by all available means.
Mr Reynders also highlighted the ongoing efforts to investigate, prosecute and convict in Ukraine and other Member States for war crimes, including the murder of journalists. The importance of international cooperation through the Joint Investigation Team (JIT), “to facilitate the exchange of evidence”, and memoranda of understanding was also emphasised.
As the European Commissioner for Justice demonstrated, these collective efforts underline the EU’s firm stance: “The atrocities committed in Ukraine will not go unpunished and the damage suffered by the Ukrainian people must be duly compensated”. (Original version in French by Nithya Paquiry)