On Europe Day, the Commission, represented by Commissioner Michael McGrath, High Representative Kaja Kallas, the Council of Europe, Ukraines Prime Minister Denys Shmyhal, and an international coalition of states formally agreed in Lviv on the establishment of a Special Tribunal for the Crime of Aggression against Ukraine.
Participants of the Lviv Statement welcomed the completion of preparations for the Tribunals setup within the Council of Europe. They committed to its establishment and supporting its operations.
Ursula von der Leyen, President of the European Commission, stated: “As we celebrate Europe Day, we advance towards justice for the Ukrainian people. We fully support the Special Tribunal to hold accountable those responsible for the crime of aggression against Ukraine. The Ukrainian people deserve justice, and we will do everything in our power to ensure they receive it.”
The Tribunal will have the authority to investigate, prosecute, and try Russian political and military leaders responsible for the crime of aggression against Ukraine.
Next Steps
The Tribunals establishment will be based on an agreement between Ukraine and the Council of Europe.
The Council of Europe will set up the necessary framework for the Special Tribunal, which will derive its jurisdiction from Ukraine.
Once established, Ukrainian authorities can refer ongoing investigations and prosecutions related to aggression to the Tribunals Prosecutor. Evidence collected by the International Centre for the Prosecution of the Crime of Aggression (ICPA), hosted by Eurojust, will also be transferred as needed.
Background
The EU is committed to ensuring accountability for the crime of aggression by Russian leaders and all crimes in Ukraine.
Much has been done to ensure accountability for Ukraine: Three weeks after Russias unprovoked war, Eurojust supported a joint investigation team including Ukraine, six EU states, the International Criminal Court, and Europol.
In November 2022, the Commission presented options to Member States to ensure accountability for aggression against Ukraine. For the past two years, the EU has actively engaged with international partners in the Core Group, which held its first meeting in Prague in January 2023 and its 14th in Strasbourg on March 21.
On February 4, during its 13th meeting, Core Group legal experts laid the foundation for the Tribunal. Participants outlined the core legal text for its operation.
The Tribunals establishment is based on an agreement between Ukraine and the Council of Europe. The Statute will govern the Tribunals functioning, and an Enlarged Partial Agreement will manage support, financing, and administration. Drafts have been sent to the Council of Europe.
Establishing the Tribunal within the Council of Europe, with international judges and international law, ensures proceedings respect highest safeguards and human rights.
In February 2023, Eurojust launched the Core International Crimes Evidence Database, following an urgent mandate amendment. Thousands of files are submitted for preservation and analysis.
Additionally, the International Centre for the Prosecution of the Crime of Aggression Against Ukraine, launched by Eurojust in July 2023, supports the Joint Investigation Centre with the Database. The Centre is preparing case-building packages for the Tribunals future prosecutor.
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