12:49 03.07.2023

Intl Center for Investigation of Russia’s Crimes of Aggression against Ukraine starts its work

5 min read
Intl Center for Investigation of Russia’s Crimes of Aggression against Ukraine starts its work

President of the European Commission Ursula von der Leyen has announced the start of work of the International Centre for the Prosecution of the Crime of Aggression (ICPA) on Monday.

"Today the International Centre for the Prosecution of the Crime of Aggression starts its work. Collecting evidence and documenting Russia’s crimes so the perpetrators can be brought to justice. First step towards a tribunal for the crime of aggression," she said on Twitter.

As reported on the website of the European Commission, the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) started its operations in the Hague, hosted by the European Union Agency for Criminal Justice Cooperation (Eurojust). “The newly established Centre will be key to investigate Russia's crime of aggression against Ukraine and facilitate case building for future trials. It will provide a structure to support and enhance ongoing and future investigations into the crime of aggression and contribute to the exchange and analysis of evidence gathered since the start of the Russian aggression,” the message reads.

The Centre, set up with the Commission's support, is composed of selected national prosecutors that are already participating in the Joint Investigation Team, to which the Centre is linked in its operations. Eurojust will provide operational, legal, financial, and logistical support, including for preserving, storing, and analysing evidence. “This work is essential to prepare for future trials, be it before national or international courts, including a possible tribunal for the crime of aggression or the International Criminal Court (ICC) for crimes within its jurisdiction,” the European Commission said.

The Commission noted that the International Criminal Court (ICC) is competent to prosecute the gravest international crimes (genocide, crimes against humanity and war crimes and the crime of aggression). However, at the moment, the ICC cannot prosecute Russia for the crime of aggression, since Russia is not a State party to the ICC. The evidence collected by the Centre could be used before other jurisdictions, including national and international courts, including a possible tribunal for the crime of aggression or the International Criminal Court (ICC) for crimes within its jurisdiction.

“Evidence of countless international crimes committed by Russia is piling up. The new international prosecution centre will play a key role in making sure that the perpetrators are brought to justice, including for the crime of aggression. We will leave no stone unturned to hold Putin and his henchmen accountable,” von der Leyyen said.

According to the website of the Prosecutor General’s Office of Ukraine, the opening ceremony of the JIT was attended by Prosecutor General Andriy Kostin, President of Eurojust Ladislav Hamran, EU Commissioner for Justice Didier Reynders, ICC Prosecutor Karim Khan, as well as prosecutors General of the JIT member states.

"This is the beginning of the end of impunity for the crime of aggression. From today, Ukrainian prosecutors will work in The Hague. JIT representatives from Lithuania, Latvia, Estonia, Poland and Romania will join the IPA work together at the start stage. The U.S. Special Prosecutor for the Crime of Aggression will support the activities of the Center. Other countries and institutions will be able to join in the coming months ... I firmly believe that together we can restore justice. This means the inevitable punishment of the aggressor – Russia," Kostin said.

He added that the ICPA is of particular importance for Ukraine – it is a clear signal that the world is united and adamant to ensure the responsibility of the Russian regime for all its atrocities: the crime of aggression, genocide and war crimes. Kostin noted that there is a gap in the architecture of international criminal justice on responsibility for the crime of aggression, and the ICPA will be one of the elements that will strengthen the legal mechanisms for prohibiting aggression, complement and strengthen this architecture.

“With today’s launch of the international prosecution centre, the European Union reaffirms its resolve to ensure full accountability for the international crimes committed during Russia’s war against Ukraine. This includes the crime of aggression, committed by the highest political and military leadership. Today we send a clear signal to the world that the prohibition of the use of force continues to be the fundament of our international rules-based order and that those who violate it will be held accountable,” Reynders said.

According to Kenneth Polite Jr., Assistant Attorney General of the Criminal Division of the U.S. Department of Justice, Jessica Kim, Special Prosecutor of the U.S. Department of Justice for the Crime of Aggression, will represent the USA in the ICPA. She will also have access to a significant amount of the results of examinations and resources collected by the U.S. Department of Justice after the Russian aggression against Ukraine.

On June 27, at the 5th Slynn Foundation Open Forum dedicated to the problem of impunity of the Russian Federation, Kostin announced the start of the ICPA in The Hague "next week". "I hope that this will eliminate the gaps in the mechanisms for bringing the aggressor to justice … Ukraine's position is clear: we must put an end to the impunity of Russia, both the state and specific individuals involved in the planning and commission of crimes. This is critically important for the security of the whole world," he stressed.

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