Introduction and methodology

• Author: Olympia Bekou
• Pages: 10-11

Policy Department , Directorate-General for External Policies

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1. Introduction and methodology

The European Union (EU) has taken a leading role in combating impunity for core international crimes

(genocide, crimes against humanity and war crimes) and has supported domestic and international

criminal justice efforts. The EU and its Member States have stood at the forefront of this endeavour,

strongly investing in the necessary political, financial and technical capital. Focusing on the EU’s policy

framework and efforts to support international criminal justice at a time when the rules-based system is

facing significant challenges, this study examines the specific role of the EU in promoting accountability

for core international crimes. It explores the contributions which the EU has provided to judicial and non-

judicial mechanisms in the fulfilment of their mandates and determines recommendations based on

identified strengths, weaknesses and gaps.

In its mission to address core international crimes, the EU engages with mechanisms which fall into several

categories: the International Criminal Court; the international ad hoc tribunals; regional, hybrid and special

courts, specialised chambers within domestic courts or domesti c courts; the International Court of Justice;

and universal jurisdiction cases. It also supports non-judicial mechanisms such as the United Nations (UN)

Evidentiary Mechanisms for Syria, Iraq and Myanmar. Alongside this, the EU works with civil society and

other actors, particularly in conflict-affected regions. The study begins by providing an overview of

accountability mechanisms before providing and discussing the EU policy framework on accountability for

core international crimes. It then moves on to focus on country-specific situations, in which it is possible to

examine in-depth the relationships between, and the challenges faced by, accountability mechanisms. The

analysis considers their strengths and weaknesses and engages with the differing roles and contributions

of the EU.

The countries considered are Rwanda, Colombia, Venezuela, Myanmar, Syria and Iraq. These cross-cutting

situations allow for analysis of in-country, regional and EU engagement with the fight against impunity for

core international crimes. The analysis considers the strengths, weaknesses and challenges that are faced

as well as the interactions between different mechanisms operating within a country. By starting with

Rwanda, which features an ad hoc international tribunal, and following the development of accountability

mechanisms through Colombia, Venezuela, Myanmar, Syria and Iraq, the study examines the use of UN

Evidentiary Mechanisms as seen today, to conclude with an informed discussion of the future: namely, the

proposed ad hoc tribunal to address crimes committed by IS.

The main research method employed was desktop research, which involved sourcing primary and

secondary documents emanating from the EU, existing accountability mechanisms and from the selected

country situations. Other sources include reports by international, regional and non -governmental

organisations (NGOs), as well as academic publications. Mechanisms were assessed partly quantitatively in

relation to the prosecutions and convictions they have brought, but primarily qualitatively in terms of their

processes and quality. The desktop research was enriched by seventeen semi-structured interviews, which

took place during June 2020. These interviews were conducted remotely via electronic communications in

light of Covid-19. Sampling was a key issue, as the subject-matter is highly specialised. The methodology

therefore used ‘elite interviewing’, with participants recruited based on their experience and current or

previous roles, by extending invitations to interview and through existing contacts within the EU and

international justice community. As part of the process of seeking informed consent, participants could

choose if they wished to be named.

Participants from within the EU Institutions included members of the three main organs: the Council,

Commission and the European Parliament, namely, the Chair of the Sub-Committee on Human Rights,

Maria Arena. Others included the EU Special Representative for Human Rights, Eamon Gil more;

representatives from EU Delegations to relevant country situations, including EU Ambassador to Myanmar,

Kristian Schmidt; representatives from the European External Action Service; and Head of the Genocide