Dear colleagues,
This brings us to the end of our meeting.
I would like to thank you for your participation and your contributions. Our meeting shows that the unspeakable crimes that have been and continue to be committed in Ukraine are a matter of concern to the international community as a whole.
I am grateful to you all for your statements: They are an expression of the unity and common resolve with which the international community is tackling these challenges. And it is the “international community” that stands here shoulder to shoulder:
The General Assembly of the United Nations has condemned both Russia’s war of aggression and its illegal annexations of Ukrainian territory by an overwhelming majority and in the strongest possible terms. The same message was expressed in the Concluding Declaration of the G20 summit two weeks ago. And the basis for a compensation mechanism was approved by the required two-thirds majority of the UN General Assembly.
I am grateful in particular to Andriy Kostin, Karim Khan and the Public Prosecutor General of Germany’s Federal Court of Justice for their offices’ efforts to investigate the core international crimes committed in Ukraine. Their reports and findings are a stark reminder of the importance of effective criminal prosecution to ensure that acts of this nature do not go unpunished. The work of these institutions is crucial in holding the perpetrators to account. – Hundreds of colleagues in the national public prosecution offices and above all in Ukraine, at the Office of the Prosecutor of the International Criminal Court, in police authorities, in international organisations and not least in non-governmental organisations are working tirelessly to ensure that the law does not just exist on paper, but is applied with real effect.
In many states, investigations have been launched to investigate the core international crimes committed by Russian forces.
Karim Khan, Prosecutor of the International Criminal Court, has mobilised every resource to swiftly secure evidence in the field.
Ukraine’s Prosecutor General Andriy Kostin and his office are currently investigating almost 50,000 cases, most of them involving war crimes.
Germany’s Public Prosecutor General has launched structural investigations that include extensive efforts to locate refugees who have fled the war zone to Germany and could provide important testimony.
Working with Ukraine, we want to do even more to reach out to those who have left Ukraine for Germany in search of safety. Our goal is to gather as much evidence and as many statements on the crimes committed as possible. Every clue could be a decisive piece of the puzzle, helping to document crimes and identify the perpetrators.
Non-governmental organisations are also doing invaluable work in this area. Right now, countless members of the most diverse organisations are documenting the crimes committed by Russian forces in Ukraine and seeking contact with those affected. I had the opportunity to see this for myself earlier this month in Kiev, where I met with representatives of the Center for Civil Liberties.
An example of just how important the work of non-governmental organisations can be is the NGO Yazda. Its support was crucial in locating the key witness in the first ever trial to recognize the genocide perpetrated against Yazidis by the “Islamic State”.
One thing is clear: Given the extent of the atrocities and destruction in Ukraine, the task ahead of us is Herculean in nature. The heaviest burden is borne by our Ukrainian friends, who deserve our very deepest respect.
Our meeting sends a strong signal: Ukraine is not alone and can count on our support!
Our task as Justice Ministers is clear: We must pave the way for an independent judiciary to hold the perpetrators to account in accordance with the rule of law.
Cross-border criminal investigations are a complex and time-consuming affair. This is why we have agreed on the “Berlin Declaration” here today. With this declaration, we ensure that investigating authorities are able to fulfil their duties: on the basis of intensified and expedited cooperation with each other, but also on the basis of enhanced collaboration with NGOs.
Investigations can only be effective if the law enforcement agencies of the various states are able to communicate with one another quickly and expediently. But how can a public prosecutor in a given state locate the appropriate contact person for the case they are dealing with and for the particular situation at hand? To help in this regard, we will set up a central national contact point for the prosecution of international crimes in each state. This contact point will serve as a gateway to the state’s legal system, connecting officials with the appropriate national office.
Investigations must be coordinated from an early stage. To this end, we will endeavour to increase the use of existing and proven mechanisms. The Genocide Network has great potential in this regard. This network already enables national contact points to exchange information about investigations into core international crimes. Another channel for cross-border judicial cooperation is the European Judicial Network.
It is particularly important to coordinate cooperation between the International Criminal Court and national investigating authorities. We must avoid duplication of work. We must, of course, also spare victims and witnesses from having to repeat their testimony. And we must ensure that no crime goes unnoticed or unpunished simply because the task of pursuing a lead was left to someone else.
The results of the invaluable work of NGOs, which I mentioned a moment ago, must also be made available to criminal proceedings. This is why we plan to further enhance networking among criminal prosecution authorities and NGOs, and continue to promote the exchange of information. With the support of the Roma-Lyon Group, we will carry on discussing how to intensify cooperation with NGOs.
Underlying all this, dear friends, is the following realisation: Impunity for the crimes committed in Ukraine would be a historic failure of international law and a renewed humiliation of the victims.
Today, we pledge to do all we can to ensure that the war criminals are brought to justice.
Thank you very much!