EU adopts common position on International Criminal Court

On 11 June, the EU Council of Ministers adopted a common position on the support the Union is to give the International Criminal Court (ICC). Among other measures, the Union will support other states in their endeavors to ratify and implement the Statute, assist efforts to establish the Court itself, and take up the issue of the ICC in its bilateral contacts with other states and organizations.

With the backing of the Nordic Council and in line with the common position, Sweden arranged an expert meeting on 13-14 June with participants from the Baltic and Nordic countries and Poland. The participants discussed a range of issues, including the impact the Rome Statute may have on national criminal law. The Court is not allowed to intervene, for example, in cases where a state is itself willing and able to investigate and prosecute crimes. Every state that becomes a party to the Statute must therefore adapt its own criminal legislation to enable it to do so.

There was general agreement at the meeting on the implementation of the statute and states have often encountered similar difficulties in introducing the legislation that is required to enable them to comply with the Statute. All the states represented have made considerable progress in this area.

On the basis of its work on behalf of human rights, peace and security, the EU has supported the process that has led to the establishment of the International Criminal Court. The ICC will have the competence to pass sentence on war crimes, genocide and crimes against humanity, and will be an important weapon in the fight to ensure that these crimes cannot be committed with impunity. This permanent court will also be available for use by the United Nations Security Council, which will make it unnecessary to create new ad hoc tribunals.

The Rome Statute of the International Criminal Court was adopted on 17 July 1998 and has been signed by 139 states and ratified by 32. It will enter into force after ratification by 60 states, which is expected within a year or two.

The Government decided on 14 June to ratify the Statute and the instrument of ratification will be deposited in New York next week.

| Top |

• EU Presidency Statement - The ICC (9/9/2002)
• EU Presidency Statement - The International Criminal Court (1/7/2002)
• EU Presidency Statement - Rome Statute creating the International Criminal Court (11/4/2002)
• EU Communiqué for the International Criminal Court Prepcom  (9/4/2002)
• Portugal Ratifies the Rome Statute of the International Criminal Court (6/2/2002)
• EU Presidency Statement - The International Criminal Tribunal Rwanda (26/11/2001)
• EU Presidency Statement - The International Tribunal for Former Yugoslavia (26/11/2001)
• EU Presidency Statement - The International Criminal Court (12/11/2001)
• EU Presidency Statement - The International Criminal Court (18/10/2000)