In a significant move, top law enforcement officials from Ukraine, the United States, and the European Union gathered in The Hague to inaugurate a new international prosecution center.
The center, named the International Centre for the Prosecution of the Crime of Aggression Against Ukraine (ICPA), will play a crucial role in building criminal war crimes cases against the Russian leadership for the 2022 invasion of Ukraine.
Overseen by Eurojust, the European Union Agency for Criminal Justice Cooperation, with assistance from the United States, the ICPA will serve as a hub for independent prosecutors from different countries. This collaborative environment will facilitate the exchange of evidence, the development of a common investigative and prosecution strategy, and ultimately hold Russia accountable for its actions in Ukraine.
The primary focus of the ICPA will be to build a case for prosecuting Russia for the "crime of aggression." This offense, established in 2010, makes it illegal under international law for one country to use armed force against the sovereignty, integrity, or independence of another.
While the International Criminal Court (ICC) in The Hague is already investigating Russia for war crimes, it does not cover the specific crime of aggression. The ICC has targeted senior alleged perpetrators of Russia's war in Ukraine, including Russian President Vladimir Putin. However, the ICPA aims to fill the gap in international law by prosecuting Russia for the crime of aggression, which serves as the foundation for other war crimes committed during the conflict.
The United States will play a significant role in the new prosecution center. Assistant Attorney General Kenneth A. Polite, Jr. joined the announcement in The Hague and highlighted the operational capabilities of Eurojust. He also introduced Jessica Kim, the newly appointed U.S. Special Prosecutor for the Crime of Aggression, who will represent the United States at the ICPA. Kim will have access to the expertise and resources of the U.S. Department of Justice to support the prosecution.
Additionally, the U.S. will contribute to Eurojust's Core International Crimes Evidence Database, which will assist in various international prosecutions. Attorney General Merrick Garland's recent visit to The Hague demonstrated the United States' commitment to observing the coordinated response to Russia's invasion of Ukraine and strengthening international cooperation against impunity.
The establishment of the ICPA marks a significant step towards accountability for the aggression committed against Ukraine by Russia. By bridging the gap in international law, this new center aims to ensure that the crime of aggression is appropriately addressed and that those responsible for war crimes are held accountable for their actions. Photo by Eurojust, Wikimedia commons.