The international conference entitled ‘Restoring Justice for Ukraine’ co-organised by the European Commission, the Netherlands and Ukraine, was held on Tuesday 2 April in The Hague. The event brought together foreign and justice ministers from several countries, as well as representatives from the International Criminal Court (ICC), the Council of Europe, the ‘Register of Damage’ for Ukraine (see EUROPE 13335/31), Eurojust, and Ukrainian NGOs. The meeting also included virtual appearances by the King of the Netherlands, Willem-Alexander, and the President of Ukraine, Volodymyr Zelensky.
The main aims of the conference were to ensure that the perpetrators of international crimes committed in Ukraine are held accountable, to facilitate the investigation and prosecution of these crimes and to establish mechanisms for compensating the victims.
The ministerial meeting of the Dialogue Group and the fourth meeting of the Conference of Participants in the ‘Register of Damage’ were key moments in this event.
The conference was a continuation of the efforts made since the first conference on Ukraine’s responsibility in 2022, and provided an opportunity to take stock of the progress made while reaffirming the international commitment to the Ukrainian cause.
Significant progress. During the press conference at the end of the day, the European Commissioner for Justice, Didier Reynders, highlighted the concrete progress made since the previous meeting in July 2022, marking a turning point in the establishment of mechanisms to restore justice and achieve accountability for the victims of Russia’s war of aggression against Ukraine. “Two years later, many of these mechanisms are now in place. So, it’s a reality, not just some words”, he said, illustrating the transition from commitments to concrete action.
Mr Reynders also highlighted the coordination of investigations into international crimes between six EU Member States, Ukraine and the Office of the Prosecutor of the ICC, recalling the creation of an ‘International Centre for the Prosecution of the Crime of Aggression against Ukraine’ (see EUROPE 13214/10). He also discussed the importance of setting up a Special Tribunal on the Crime of Aggression against Ukraine, mentioning various possible ways of achieving this and the importance of EU support in this regard.
He also spoke about the ‘Register of Damage’, which should be up and running by the end of the month, and is seen as a major first step towards repairing the damage suffered by Ukraine. Commissioner Reynders affirmed the commitment to work on the financing of reparations, with an explicit call for Russia to pay for the damage caused, highlighting ongoing discussions on the use of Russian public assets seized in Europe for this purpose (see EUROPE 13375/8).
Register of Damage, a major milestone. Ukraine’s Prosecutor General, Andriy Kostin, also recalled the significant progress made since the initial commitment in July 2022 towards concrete and tangible action. Mr Kostin highlighted the work of the ICC and the importance of creating a comprehensive compensation mechanism, saying that The Hague and Eurojust play a central role in prosecuting the crime of aggression.
The setting up of the ‘Register of Damage’ and the opening of the first submissions were presented as an essential milestone in the overall effort to hold to account those responsible for the aggression.
Andryi Kostin linked this effort to the importance of the date of 2 April, coinciding with the anniversary of the liberation of the Kyiv region, and emphasised the extent of the war crimes documented by Ukrainian investigations.
Finally, the Prosecutor General of Ukraine stressed the importance of timely justice and called for the adjustment and creation of new international legal mechanisms. He spoke of the need for a Special Tribunal on the Crime of Aggression and highlighted the work underway with prosecutors from six states to build a case for this crime. (Original version in French by Nithya Paquiry)