The Joint Investigation Team in Ukraine: Challenges and Opportunities for the International Criminal Court

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(3), 1121-1124 | European Forum Highlight of 15 January 2024 | (Abstract) This piece highlights the challenges and opportunities that the Eurojust-supported Joint Investigation Team (JIT) in Ukraine may provide for the Office of the Prosecutor (OTP) of the International Criminal Court (ICC). In 2022, a JIT with seven States as members and the ICC-OTP as a participant was set up on alleged core international crimes committed in Ukraine. Europol also became a participant in the JIT in October 2023. The OTP’s participation in the JIT in Ukraine offers a great opportunity to implement the policy of proactive complementarity of the ICC. Meanwhile, it brings both challenges and opportunities to the OTP in gaining experiences and practices of managing two-track cooperation and assistance with seven States pursuant to the Rome Statute. Lastly, the OTP must be cautious about potential challenges to its independence throughout all its activities, including its participation in the JIT in Ukraine.

Keywords

• joint investigation team
• eurojust
• russia-ukraine war
• international criminal court
• office of the prosecutor
• positive complementarity