On Monday 13 October, the European justice ministers received an update on existing efforts to combat impunity for crimes committed as part of Russia's war of aggression against Ukraine.
According to the Danish Presidency of the Council of the EU, which led the discussions, this presentation focused in particular on the work of the Joint Investigation Team (JIT) coordinated by the EU agency Eurojust. This joint team, in which several Member States are participating alongside Ukraine, is gathering evidence and testimony on war crimes and crimes against humanity committed since February 2022.
The ministers also discussed the preparation of an International Claims Commission for Ukraine, which will transform the existing Register of Damage into an instrument of reparation for the victims and for the Ukrainian state.
At a press conference following the EU Council, the European Commissioner for Justice, Michael McGrath, reiterated that there was a certain complementarity of efforts. “The International Criminal Court has a central role in investigating war crimes and crimes against humanity, while the Special Tribunal will focus specifically on the crime of aggression. The two approaches must move forward together”, he said.
Several Member States confirmed their commitment to this system, although they called for better coordination in order to “avoid duplication” and to allow evidence to be used in court.
The ministers also discussed the financial and human resources required. Although no budgetary decision has been taken, several delegations pointed out that the strengthening of judicial support to Ukraine “must be accompanied by appropriate resources” to enable Eurojust and the national authorities to continue their work in good conditions.
On the same day, in Kyiv (Ukraine), EU High Representative Kaja Kallas announced a €10 million package to set up the Special Tribunal for the Crime of Aggression against Ukraine, which was agreed by representatives of the EU and partner states last May (see EUROPE 13637/1).
She stressed that “the Russian leaders are responsible for this war”, and that the crime of aggression “is at the root of all the other crimes”.
Commissioner McGrath told reporters: “We are counting on our Member States (...) and as many countries as possible to accede to the agreement establishing the tribunal and to conclude a cooperation and maintenance agreement as soon as possible”.
According to the Danish Presidency, the discussions produced “valuable indications” for the future, demonstrating the commitment of the Member States to maintain the fight against impunity as a priority in their joint response to the Russian aggression. (Original version in French by Nithya Paquiry)