Commissioner Michael McGrath, in a written answer on 10 July 2026, defended the European Commission's participation in the Special Tribunal for the Crime of Aggression against Ukraine while rejecting any precedent for a similar mechanism addressing World War II crimes against Poland. The answer, responding to a question from Polish MEP Arkadiusz Mularczyk (ECR), underscores the Commission's position that the two situations are legally and politically distinct.
McGrath emphasised that the EU's support for the Ukraine tribunal is based on the "specific legal, institutional and geopolitical circumstances" of Russia's ongoing war of aggression, and falls within EU treaty competences. He stated that matters of WWII reparations and accountability are primarily matters of international law and bilateral agreements between states, not EU competence. The answer contains no concrete proposals or commitments, instead reiterating general support for remembrance and education.
The Commission's stance creates a clear cleavage between EU support for international justice in current conflicts and its refusal to extend that framework to historical crimes within member states. This leaves Polish victims and their descendants without EU-level recourse, while affirming the EU's role in upholding international law in contemporary contexts. The answer signals no institutional follow-up, as the Commission considers the matter closed under current legal frameworks.
Polish WWII victims and advocacy groups face continued lack of EU support for accountability mechanisms. The EU maintains its legal consistency but risks alienating member states with unresolved historical grievances. The Commission preserves its institutional boundaries, avoiding entanglement in bilateral historical disputes. EU foreign policy credibility is reinforced by consistent support for the Ukraine tribunal, though critics may see a double standard.