Marking a historic moment, one year ago today, Eurojust launched the International Centre for the Prosecution of the Crime of Aggression (ICPA) – a unique judicial coordination platform dedicated to supporting national investigations into the crime of aggression related to the war in Ukraine.
Since its launch in July 2023, the ICPA has made significant progress in building a common investigative and prosecutorial strategy for cases on the crime of aggression. ICPA participants have selected relevant evidence to focus on, and have coordinated and strengthened ongoing investigative efforts at national level.
“Russia must be held accountable for its war of aggression” said European Commissioner for Justice, Didier Reynders. “With the ICPA we ensure that no evidence is lost, in view to prosecute those responsible for the crime of aggression in accordance with international standards. On the occasion of the first anniversary of the ICPA, I want to applaud its very important work and reiterate the commitment of the European Commission to take all the necessary measures to support Eurojust and the ICPA States, including Ukraine, to accomplish their crucial mission.”
Eurojust’s President, Ladislav Hamran, remarked: “One year after its inception, the ICPA has firmly established itself as a cornerstone of the accountability landscape. The fight against impunity deserves our unwavering attention and it is crucial that it extends to one of the pillars of the modern international rule-based order: the prohibition of the use of force. Eurojust is committed to supporting the ICPA for as long as necessary.”
Commenting on the importance of the ICPA’s ongoing work, Andriy Kostin, Prosecutor General for Ukraine stated: “ICPA participants are engaged in a historic task—building a solid evidence base and developing a comprehensive prosecutorial file for the supreme international crime—the crime of aggression. This unprecedented work has never been done before. So, their goal is to collect, preserve and analyze evidence with the highest possible quality, ensuring no doubts about the legitimacy of the future tribunal. We are deeply grateful to Eurojust for enabling the operations of the ICPA and to Lithuania, Latvia, Estonia, Poland, and Romania for their contributions, as well as the United States and the Office of the Prosecutor of the ICC.”
The ICPA’s independent prosecutors and investigators from different countries have been working together regularly at Eurojust, benefitting from the Agency’s dedicated team of legal experts and tailor-made technical, logistical and financial support. This has enabled them to exchange information and evidence quickly and efficiently, and coordinate a common investigative and prosecutorial strategy. The centre’s unique nature and multi-national composition has enabled it to utilise the expertise and services of a diverse range of national authorities in its work.
Its task has not been easy however. With no recent international judicial practice on investigating and prosecuting the crime of aggression, the ICPA has built further capacity and expertise. During the past year, ICPA participants have invited expert practitioners, legal scholars and other judicial experts to share their knowledge and experience to inform the centre’s work.
Alongside capacity building, the collection, preservation and analysis of evidence has been a major priority for the ICPA. In spite of challenges in identifying and gathering evidence, much of which is located in the Russian Federation, the number of evidence files being submitted to the Core International Crimes Evidence Database (CICED) managed by Eurojust, is growing. To date, 14 countries have submitted evidence amounting to more than 2 000 files.
To prove the scale and systemic nature of Russia’s crimes in Ukraine, it is crucial that prosecution strategies rely on large sets of evidence. Eurojust therefore continues to encourage national authorities to submit evidence to the CICED database to bolster collective accountability efforts.
CICED and the ICPA are part of the overall support structure Eurojust provides to the joint investigation team (JIT) on alleged core international crimes committed in Ukraine. The JIT, which includes prosecutors from all ICPA countries, is supported by Eurojust and benefits directly from the important work of the ICPA and CICED.
During the last 12 months, the ICPA’s work has been crucial in strengthening the national investigations into the crime of aggression currently taking place in Ukraine, Estonia, Latvia, Lithuania and Poland.
While the war is ongoing and discussions about a possible special tribunal are still in course, the ICPA ensures that crimes are well documented and crucial evidence is not lost. The ICPA is effectively preparing and contributing to future prosecutions of the crime of aggression, irrespective of the jurisdiction before which the proceedings will be brought. For this reason, evidence is being translated, including into Ukrainian and English, to ensure that it can be used in various jurisdictions.
One year on since the ICPA’s launch, Eurojust thanks all ICPA and JIT partners for their hard work and dedication in helping ensure accountability for the atrocities committed in Russia’s war of aggression against Ukraine, as well as the European Commission for its trust in the Agency to host this important centre.
About the ICPA
The ICPA consists of participants from Ukraine, Estonia, Latvia, Lithuania, Poland and Romania. Furthermore, the United States has appointed a Special Prosecutor for the Crime of Aggression to support the ICPA’s activities, and the Office of the Prosecutor of the ICC has designated staff to participate in the ICPA. The Centre is funded by the European Commission’s Service for Foreign Policy Instruments (FPI). In November 2023, Eurojust welcomed a financial contribution from the U.S. Department of State, via the European Commission’s FPI Service, in support of the ICPA’s work.
About the crime of aggression
The crime of aggression is a crime committed by the highest political and military leadership. Given that Russia is not a party to the Rome Statute, the ICC currently cannot prosecute the Russian leadership for the crime of aggression in the context of Russia’s war against Ukraine.
To close this gap, various options have been explored to ensure full accountability for the crimes committed in the context of the Russian war against Ukraine, including the crime of aggression.
The ICPA is the first step in this process to preserve evidence and prepare cases for future trials, be it before national courts, a dedicated tribunal or the International Criminal Court for crimes within its jurisdiction.
The President of the European Commission Ursula von der Leyen announced the setting up of the International Centre for the Prosecution of the Crime of Aggression Against Ukraine at the 24th EU-Ukraine Summit on 2 February 2023.
