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The Council recently (09 December 2022) adopted conclusions on the fight against impunity regarding crimes committed in connection with Russia’s war of aggression against Ukraine.

In its conclusions, the Council calls on member states to adopt measures to fully implement the definition of core international crimes and modes of liability enshrined in the Rome Statute. It also asks member states to allow the exercise of universal jurisdiction or other forms of domestic jurisdiction over core international crimes, and to enable close judicial cooperation with the International Criminal Court (ICC). The conclusions call on member states to provide adequate support for the creation and functioning of specialised units dedicated to the investigation and prosecution of core international crimes at national level. Member states should also raise awareness among the Ukrainian refugee community of the possibility of giving testimony in member states, and should strengthen the support and protection of victims of core international crimes in criminal proceedings.

The Council also calls on member states to support the Ukrainian Prosecutor General’s Office and to consider participating in the rotation model coordinated by the ICC. It also asks them to strengthen cooperation with EU stakeholders such as Eurojust, Europol or EUAM Ukraine to enhance successful investigation and prosecution.

The European Commission is asked to enhance financial, logistical, technical and substantive support to member states and to promote the exchange of best practices, knowledge and expertise. The Commission should also continue supporting national and international investigative and evidence-gathering mechanisms, specifically with respect to battlefield evidence.

The Council calls on relevant EU bodies, including Eurojust, Europol, the Genocide Network and EUAM Ukraine to continue providing their support and guidance.

Finally the Council calls on Ukraine to accede to the Rome Statute.

• Council conclusions on the fight against impunity regarding crimes committed in connection with Russia’s war of aggression against Ukraine
• Support in the investigation and prosecution of war crimes (background information)

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