News item | 31-03-2023 | 10:04
The Russian aggression against Ukraine destroys the lives of millions of Ukrainians and has major consequences for stability worldwide. This should not go unpunished, and Ukrainians deserve justice. The Netherlands is committed to this in various ways.
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Why is the Netherlands campaigning against impunity in Ukraine?
Destruction of homes and hospitals. Murder and rape. Kidnappings of children. Since the war in Ukraine, news regularly appears about what is happening in Eastern Europe. A lot of research is needed. To find out the truth, find perpetrators and get justice – for victims and next of kin.
The Netherlands stands for a world in which human rights are observed and countries keep their agreements. Only then can we live in peace and security. That is why it is important to ensure justice for victims and survivors, and to send a clear signal to Russia. That the terrible crimes be seen. And that they cannot go unpunished. Ukraine must, of course, remain closely involved: we are not talking about them without them.
Impunity for war in Ukraine: what does the Netherlands think and do?
These are the Dutch positions and initiatives in the fight against impunity:
Investigation into kidnappings of Ukrainian children
On March 30, 2023, the Organization for Security and Co-operation in Europe (OSCE) launched a mission with experts to investigate the deportation of Ukrainian children by Russia. Together with Germany, among others, the Netherlands has made a strong case for the use of this mission, to further expose the facts about the abduction of children with new independent data. The team of independent experts is leaving for Ukraine with the aim of collecting data and, where possible, speaking with victims and witnesses. The Netherlands is part of the working group for the mission and makes a financial contribution.
The International Criminal Court
On 17 March 2023, the International Criminal Court (ICC) in The Hague issued an arrest warrant against Russian President Putin and Russian Commissioner for Children’s Rights Lvova-Belova. The Netherlands sees these arrest warrants as an important step towards justice. During an international conference for justice ministers on 20 March, the Netherlands pledged an extra €1 million for the work of the International Criminal Court. The International Criminal Court will open soon a field office in Kyiv (English)to further strengthen cooperation with the Ukrainian authorities and the Ukrainian legal system.
Dialogue Group on Accountability for Ukraine
On 3 March 2023, the Netherlands, Ukraine, the European Union, Eurojust and the International Criminal Court launched an international network at the United for Justice conference in Lviv: the Dialogue Group on Accountability for Ukraine. This network provides a platform for countries, international organizations and civil society parties to discuss and coordinate initiatives against impunity. An important starting point in the establishment of the dialogue group is that Ukraine is closely involved and remains at the wheel of the international effort against impunity.
This network is a result of the Ukrainian Accountability Conference in The Hague from July 2022, in which 45 countries set up the dialogue group supported. In addition to making this network operational, the Netherlands is committed to involving more countries.
International center in The Hague for the prosecution of the crime of aggression
On February 2, 2022, the European Commission announced that it International Center for the Prosecution of the Crime of Aggression (ICPA) will be opened in The Hague. This international research center will investigate the crime of aggression against Ukraine, with the ultimate aim of prosecuting those responsible for the invasion. The ICPA, housed by Eurojust, enables Ukrainian prosecutors to investigate the crime of aggression from The Hague. The International Criminal Court is currently investigating war crimes committed in Ukraine, but has no jurisdiction over the crime of aggression against Russia. That is why the ICPA is being set up and a separate aggression tribunal is being discussed internationally.
Aggression Tribunal
The Netherlands supports a tribunal to prosecute the crime of aggression and is open to opening the tribunal in The Hague. International support and sufficient people and resources to house such a tribunal are important preconditions for eventually setting up such a tribunal. The Netherlands is part of a core group that is in favor of such a tribunal and wants more countries – including outside Europe – to join it.
Damage register for destruction Ukraine
The United Nations (UN) has passed a resolution giving the green light to set up a register of war damages in Ukraine. On 17 February 2023, the cabinet announced its willingness to house this register in the Netherlands. There are also possibilities to do this via an international organization such as the Council of Europe or the UN. A registry is a necessary first step to a claims committee and compensation fund. It is important to hold Russia accountable for paying the war damages.
Forensic investigative missions under the banner of the International Criminal Court
At the request of Ukraine, the Netherlands twice sent a forensic investigation team to Ukraine to support the local authorities. To collect evidence useful for war crimes investigations. The Royal Netherlands Marechaussee team departed under the flag of the International Criminal Court. Two new missions are planned for 2023: in the spring (together with the Czech Republic) and in the fall (together with Belgium and Luxembourg).
The Netherlands is also pushing for sanctions against Russia to address violations of international law and human rights.