This new office will consolidate investigations already being conducted by the International Criminal Court (ICC) and the Joint Investigation Team (JIT) led by Lithuania, Poland, and Ukraine. In addition, Eurojust announced on Thursday, one year after the start of the Russian war against Ukraine, that it has also set up a database for collecting electronic evidence.
Investigators have already gathered evidence against 276 individuals, with 99 of them formally indicted. No details regarding the identities or charges have yet been disclosed. In response to reporters' questions about if and when Russian President Putin will be tried, Eurojust chairman Ladislav Hamran stated that international prosecution depends on international consensus, but "that day will surely come."
Furthermore, the Netherlands also wants to establish a European headquarters in The Hague for prosecuting Western companies that circumvent the boycott of Russia. This judicial office could collaborate with the international justice institutions already based in The Hague. All major EU countries are reportedly in support of this initiative.
Since the Russian invasion of Ukraine, EU countries have, among other measures, restricted exports to Russia. However, the Kremlin has been able to "massively" evade the boycott, for example with the help of foreign intermediaries. The new European headquarters aims to gather information from all EU countries about this evasion, says Hoekstra.
At the United Nations, there has been ongoing discussion about the future prosecution of Russia, Russian politicians, and military personnel for their roles in the war against Ukraine. However, no consensus has been reached yet. Theoretically, the International Court of Justice or the ICC could be involved, but a separate UN tribunal—similar to the Yugoslavia tribunal—could also be established. Russia will likely block this in the UN Security Council.
It is also possible to install a special court in the Netherlands "under Ukrainian law." This can be done outside the Security Council (i.e., without Russian approval). Such a legal construction was previously used for prosecuting the Libyan suspects of the bombing of the American aircraft over Lockerbie, Scotland, through a special court in the heavily guarded Camp Zeist.