While gathered in Warsaw for an informal meeting under the Polish Presidency, the Justice Ministers of the EU Member States devoted their last working session to the European response to war crimes committed in Ukraine.
The discussions centred on three issues: the application of sanctions against Russia, the extension of the mandate of the European Public Prosecutor’s Office (EPPO), the gathering of evidence.
The EU, by means of Eurojust and the International Centre for the Prosecution of the Crime of Aggression against Ukraine, which was launched in July 2023 (see EUROPE 13214/10), coordinates judicial action between Member States and with the International Criminal Court. At the Vilnius conference in September 2024, the ministers called for the creation of a special tribunal to try those people responsible for the crime of aggression. However, this initiative is still under discussion within the EU Council, particularly within Foreign Affairs.
The extension of the EPPO’s remit to include the violation of sanctions against Russia is still under discussion.
According to the working document provided by the Polish Presidency of the EU Council, several Member States are supportive of this measure, while others want to assess how it currently operates before amending its mandate.
A source close to the discussions indicates that technical consultations are underway to determine how the EPPO could better cooperate with national prosecutors’ offices and Europol.
Poland would like to have more in-depth discussions at a more strategic level, in particular within the CATS working group (Coordinating Committee in the area of police and judicial cooperation in criminal matters). The Polish Presidency is examining the development of EPPO’s mandate to prepare for the post-war period. However, the issue of sanctions is a national competence, and the lack of uniform coordination at European level remains an issue: the implementation of sanctions varies from country to country, which raises questions about the EU’s ability to guarantee uniform application of these measures. At the press conference, Poland’s Minister of Justice, Adam Bodnar, confirmed that “the discussions have been fruitful and will continue over the coming months”.
On the subject of taking responsibility for victims, Poland, which hosts a large number of Ukrainian refugees, has called for an increase in psychological and legal aid.
The EU has already extended temporary protection until 2026, but several ministers believe that more funds are needed to support victims and facilitate their integration.
As far as gathering evidence is concerned, the EU relies on the CICED database, managed by Eurojust, which centralises witness statements, photos and medical reports so that they can be used in court. Joint investigation teams have been set up between Ukraine and several Member States, in partnership with the ICC and Europol.
However, these mechanisms have their limitations, and several delegations called for better coordination and the rapid ratification of the Ljubljana–The Hague Convention, which facilitates international cooperation in criminal matters between the State Parties and, therefore, evidence gathering and sharing procedures at European level.
Recommendations have been made to standardise methods for documenting international crimes.
As Mr Bodnar pointed out, while discussions on the extension of the EPPO’s mandate and the creation of a special tribunal for Ukraine will continue in the coming months, the European Union’s action, in the meantime, is driven by the improvement of existing mechanisms. (Original version in French by Nithya Paquiry)