International Centre for the Prosecution of the Crime of Aggression against Ukraine

A unique judicial hub at Eurojust Fostering cooperation between national prosecutors Benefitting from Eurojust's expertise, technology and logistics Facilitating exchange of evidence Enabling a common prosecution strategy Contributing to future prosecutions The ICPA is a unique judicial hub embedded in Eurojust to support national investigations into the crime of aggression related to the war in Ukraine. Thanks to the ICPA, independent prosecutors from different countries are able to work together in the same location on a daily basis, exchange evidence in a fast and efficient manner, and agree on a common investigative and prosecution strategy. The work of the ICPA will effectively prepare and contribute to any future prosecutions of the crime of aggression, irrespective of the jurisdiction before which these will be brought. Participants in the ICPA benefit from Eurojust’s tailor-made operational, technical, logistical and financial support. The Core International Crimes Evidence Database (CICED), managed by Eurojust, is central in enabling the ICPA’s work. Evidence already submitted to CICED in the context of other international crimes (crimes of genocide, crimes against humanity and war crimes) may be equally relevant for the investigation into the crime of aggression. It is also possible to store national evidence in CICED brought in by ICPA participants for analysis. Being located in The Hague has several advantages. Not only does the ICPA have direct access to the valuable expertise of the Genocide Network Secretariat hosted at Eurojust, but it also benefits from close cooperation and coordination with the ICC and other international justice actors. How did the ICPA come about? 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 cannot prosecute the Russian leadership for the crime of aggression in the context of Russia's war against Ukraine. To close this gap, in November 2022 the European Commission and the European External Action Service presented a paper analysing the different options 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. What makes the ICPA urgent and unique? The war in Ukraine is the most documented in history, and, for the first time, active investigations into the crime of aggression are taking place while an armed conflict is still ongoing. At the same time, we are dealing with an international crime that has rarely been prosecuted and for which there is no standard practice. The swift establishment of the ICPA bridges the gap between ambitions and reality, bringing together relevant stakeholders, securing crucial evidence and making sure that no time is lost in building a case for the future prosecution of the crime of aggression. In doing so, the legal community is delivering a clear message that those responsible for the crime of aggression against Ukraine will be held accountable. Participants in the ICPA In addition to Ukraine, five of the joint investigation team (JIT) members (Lithuania, Latvia, Estonia, Poland and Romania) are participating in the ICPA’s start-up phase. The Memorandum of Understanding establishing the ICPA also provides 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 will be supporting the ICPA’s activities. In the coming months, the participation of other countries and organisations in the ICPA, such as the the EU Advisory Mission to Ukraine, will be facilitated. Countries in possession of information or evidence relevant to the investigation of the crime of aggression against Ukraine may also request their participation. ICPA funding The ICPA is fully funded by the European Commission’s Service for Foreign Policy Instruments. A financial contribution agreement covering an initial amount 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. Related content Eurojust and the war in Ukraine Core International Crimes Evidence Database (CICED) Joint investigation team into alleged core international crimes in Ukraine Guidance and training on investigating and prosecuting core international crimes EU Freeze & Seize Task Force