A novel judicial hub at Eurojust

Fostering cooperation between nationwide prosecutors

Benefitting from Eurojust’s experience, know-how and logistics

Facilitating trade of proof

Enabling a typical prosecution technique

Contributing to future prosecutions

The ICPA is a singular judicial hub embedded in Eurojust to assist nationwide investigations into the crime of aggression associated to the struggle in Ukraine. Thanks to the ICPA, unbiased prosecutors from totally different international locations are in a position to work collectively in the identical location every day, trade proof in a quick and environment friendly method, and agree on a typical investigative and prosecution technique. The work of the ICPA will successfully put together and contribute to any future prosecutions of the crime of aggression, no matter the jurisdiction earlier than which these can be introduced.

Participants within the ICPA profit from Eurojust’s tailored operational, technical, logistical and monetary assist. The Core International Crimes Evidence Database (CICED), managed by Eurojust, is central in enabling the ICPA’s work. Evidence already submitted to CICED within the context of different worldwide crimes (crimes of genocide, crimes in opposition to humanity and struggle crimes) could also be equally related for the investigation into the crime of aggression. It can be potential to retailer nationwide proof in CICED introduced in by ICPA contributors for evaluation.

Being situated in The Hague has a number of benefits. Not solely does the ICPA have direct entry to the precious experience of the Genocide Network Secretariat hosted at Eurojust, but it surely additionally advantages from shut cooperation and coordination with the ICC and different worldwide justice actors.

How did the ICPA come about?

The crime of aggression is a criminal offense dedicated by the very best political and navy management. Given that Russia shouldn’t be a celebration to the Rome Statute, the ICC can’t prosecute the Russian management for the crime of aggression within the context of Russia’s struggle in opposition to Ukraine.

To shut this hole, in November 2022 the European Commission and the European External Action Service offered a paper analysing the totally different choices to make sure full accountability for the crimes dedicated within the context of the Russian struggle in opposition to Ukraine, together with the crime of aggression.

The ICPA is step one on this course of to protect proof and put together instances for future trials, be it earlier than nationwide courts, a devoted tribunal or the International Criminal Court for crimes inside its jurisdiction.

The President of the European Commission Ursula von der Leyen announced the establishing of the International Centre for the Prosecution of the Crime of Aggression Against Ukraine on the twenty fourth EU-Ukraine Summit on 2 February 2023.

What makes the ICPA pressing and distinctive?

The struggle in Ukraine is probably the most documented in historical past, and, for the primary time, energetic investigations into the crime of aggression are happening whereas an armed battle remains to be ongoing. At the identical time, we’re coping with a world crime that has hardly ever been prosecuted and for which there isn’t any customary follow.

The swift institution of the ICPA bridges the hole between ambitions and actuality, bringing collectively related stakeholders, securing essential proof and ensuring that no time is misplaced in constructing a case for the longer term prosecution of the crime of aggression. In doing so, the authorized neighborhood is delivering a transparent message that these chargeable for the crime of aggression in opposition to Ukraine can be held accountable.

Participants within the ICPA

In addition to Ukraine, 5 of the joint investigation team (JIT) members (Lithuania, Latvia, Estonia, Poland and Romania) are taking part within the ICPA’s start-up section. The Memorandum of Understanding establishing the ICPA additionally gives for the participation of the Office of the Prosecutor of the ICC. Following a Memorandum of Understanding with the JIT members, the United States has appointed a Special Prosecutor for the Crime of Aggression, who can be supporting the ICPA’s actions.

In the approaching months, the participation of different international locations and organisations within the ICPA, such because the EU Advisory Mission to Ukraine, can be facilitated. Countries in possession of data or proof related to the investigation of the crime of aggression in opposition to Ukraine may request their participation.

ICPA funding

The ICPA is totally funded by the European Commission’s Service for Foreign Policy Instruments. A monetary contribution settlement masking an preliminary quantity of EUR 8.3 million has been signed by the Director of the European Commission’s Service for Foreign Policy Instruments Mr Peter M. Wagner, and Eurojust’s Administrative Director Mr Evert van Walsum.