Dokumenty - Think Tank - Evropský parlament

Ve stručnosti - Human rights and democracy in the world, 2021 - 11-01-2023

Tue, 10 Jan 2023 23:00:00 GMT

During the January I plenary session, the European �Ϸ��վ is due to formulate recommendations for future EU action in favour of human rights and democracy in the world. The latest EU annual report on the topic highlights the EU's commitment to promoting human rights and democracy globally in 2021, against a grim backdrop of backsliding in many countries. In its motion for a resolution, �Ϸ��վ's Committee on Foreign Affairs and Subcommittee on Human Rights highlight the impact of Russia's war of aggression against Ukraine.

Zdroj : © Evropská unie, 2023 - EP

Podrobná analýza - Tribunal for the crime of aggression against Ukraine - a legal assessment - 14-12-2022

Tue, 13 Dec 2022 23:00:00 GMT

After examining the innovative character of the proposed tribunal, the paper analyses three main interconnected elements linked to the establishment and functioning of the tribunal: the legal basis for its creation; problems of immunity; and questions of enforcement and implementation of its decisions. In the end, taking into account legitimacy considerations which are of crucial importance in this case, the authors evoke two possibilities. A first option would be to ground the tribunal’s creation in Ukrainian domestic law and on its right to self-defence, which would open the door to prosecute foreign nationals for the crime of aggression, complementing it with an agreement with the United Nations (UN) or another (regional) organisation: the tribunal would thus be ‘established by law.’ A second option, more legitimate as it would be based on the UN Charter, would be to interpret broadly existing legal mechanisms, especially the ‘Uniting for Peace’ resolution. Given the UN Security Council’s inability to discharge its duties due to the veto of one of its permanent members (Russia), the UN General Assembly could exceptionally defer the crime of aggression against Ukraine to the International Criminal Court. In both cases, however, it must be kept in mind that significant problems of legality remain.

Zdroj : © Evropská unie, 2022 - EP

Briefing - Russia's war on Ukraine: Investigating and prosecuting international crimes - 10-06-2022

Thu, 09 Jun 2022 22:00:00 GMT

Since the start of Russia's war on Ukraine there has been mounting evidence of what may constitute violations of international criminal law in the conduct of the war. Active investigations into alleged core international crimes (which are classified as war crimes, crimes against humanity and genocide) have begun, with the involvement of the Ukrainian authorities, the International Criminal Court, and other international organisations. The EU is playing an active role in this process, with Eurojust assisting a Joint Investigation Team established by Ukraine, Poland and Lithuania, and with the participation of a number of other Member States. The Office of the Prosecutor of the International Criminal Court is also participating, the first time it has joined a Joint Investigation Team. However, investigations of the crime of aggression, relating to Russia's invasion of Ukraine, are hampered by the fact that neither Russia nor Ukraine are signatories of the Statute of Rome, which established the International Criminal Court and brought this crime within its jurisdiction. This briefing discusses investigations into core international crimes in Ukraine. It looks at the identification, gathering and assessment of information to ensure that it is admissible as evidence in trials of those accused of these crimes. It also analyses the specific challenges involved in the assessment of digital information and how to ensure that it is properly evaluated in an era of deepfakes and digital manipulation.

Zdroj : © Evropská unie, 2022 - EP

Briefing - Russia’s war on Ukraine in international law and human rights bodies: Bringing institutions back in - 08-04-2022

Mon, 11 Apr 2022 22:00:00 GMT

In the midst of war, human rights and international law institutions have responded with unprecedented speed to the unfolding crisis, not least due to the strong engagement of the Ukraine government in multilateral fora. While these institutions can deliver little immediate relief for Ukraine citizens, the initiatives have important political functions: they show the political and legal alternatives to the logic of war chosen by the Russian government; they contribute to formalising international consensus and providing independent legal assessments of the attack; and, most importantly, they prepare the ground to ensure accountability for crimes committed in the context of the war. .

Zdroj : © Evropská unie, 2022 - EP

Ve stručnosti - Policy Departments’ Monthly Highlights - December 2021 - 09-12-2021

Wed, 08 Dec 2021 23:00:00 GMT

The Monthly Highlights publication provides an overview, at a glance, of the on-going work of the policy departments, including a selection of the latest and forthcoming publications, and a list of future events.

Zdroj : © Evropská unie, 2021 - EP

Studie - Envisioning International Justice: what role for the ICC? - 30-11-2021

Wed, 08 Dec 2021 23:00:00 GMT

The workshop discussed future scenarios for the International Criminal Court (ICC) and the EU’s engagement with the court. Against the background of an ongoing review of the Court and the Rome Statute system, the workshop was organised upon the request of the European �Ϸ��վ’s Subcommittee for Human Rights, and followed the appointment of a new ICC Prosecutor. Speakers identified key challenges for the Court, including: the unstable and fragmented political support by states; the mismatch between resources and growing demands for legal action, requiring difficult and well justified choices by the Prosecutor; allegations of bias and of politicisation; and the need for effective communication with victims and affected communities. The workshop underscored the central role of the EU in upholding the ICC as a central pillar of the multilateral system, but drew also attention to complementary avenues for accountability, such as the use of universal jurisdiction. This report brings together the background briefings prepared by law experts for the workshop and a summary of the debate with Members, academics, civil society experts and EU representatives.

Zdroj : © Evropská unie, 2021 - EP

Studie - State of play of existing instruments for combating impunity for international crimes - 14-08-2020

Sun, 06 Sep 2020 22:00:00 GMT

The European Union and its Member States have been at the forefront of the fight against impunity for core international crimes, collectively providing political, technical and financial assistance to international, regional and domestic accountability efforts. Focusing on the current EU framework on accountability and six country situations (Rwanda, Colombia, Venezuela, Myanmar, Syria and Iraq), this study offers recommendations to guide future EU policy and the engagement of the European �Ϸ��վ in the fight against impunity. The recommendations include enhancing the capacity, efficiency and coordination of EU institutions working on accountability, as well as encouraging comprehensive, impartial and inclusive approaches to country situations. EU action in bilateral and multilateral fora is also covered, with a view to enhancing the universal reach of accountability mechanisms and the protection of their integrity, encouraging cooperation and assistance, and to upholding the principle of complementarity.

Zdroj : © Evropská unie, 2020 - EP