EU Presidency Statement - International Criminal Court

Mr. Chairman,

I have the honor to speak on behalf of the European Union. The acceding countries Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia, the associated countries Bulgaria and Romania, and the EFTA country, member of the European Economic Area, Iceland, align themselves with this statement.

Mr. Chairman,

2003 has been an important year for the ICC. During the period spanning February to June, the 18 judges of the Court, the Prosecutor and the Registrar were elected, and the Court is now established in the Hague. In September, the second session of the Assembly of States Parties to the Rome Statute elected the Deputy Prosecutor, the Board of Directors of the Trust Fund for the Benefit of Victims of International Crimes and Families of such Victims, adopted the budget for the second financial period and decided to set up the Permanent Secretariat of the ASP, which will become operational in January 2004, thus completing the organizational framework that will lend continuity to the work of the ASP. The EU reaffirms its conviction that the ICC will make a major contribution to the maintenance of international peace and security. We believe that the Court's very existence is a strong deterrent of serious crimes. By fighting impunity, the Court strengthens the pre-eminence of law and respect for human rights, thus making a fundamental contribution to peace and security, and to the achievement of the very purposes of the UN. We note with satisfaction that the great majority of States participating in the Security Council meetings on "Justice and the Rule of Law", held on 24 and 30 September 2003, share with us the conviction that the ICC can make a useful contribution towards justice, peace and security. We are confident that the Court will soon prove to be an independent and effective institution, and everyone will be able to verify that the Rome Statute guarantees the highest criteria of justice and does not lend itself to political manipulation.

Mr. Chairman,

The fact that the ICC has become a reality in international relations has important consequences for States Parties. In this regard, it is worth recalling the statement of the ICC President during his presentation to the ASP last April. On that occasion, President Kirsch reminded the Assembly that the establishment of the Court by no means implies that States Parties have fulfilled their task in developing international criminal justice. States Parties to the Rome Statute shall continue to support the ICC both by promoting the widest possible participation, through ratification or accession, in the Rome Statute and by preserving its integrity.

The widest participation in the Rome Statute, the preservation of its integrity and the commitment to fight impunity for those responsible for international crimes are the pillars of the Common Position of the Council of the European Union on the ICC of 16 June 2003. The Common Position leaves no ambiguity regarding our determination in respecting the letter and spirit of the Rome Statute and in bringing about its universal effectiveness. Several initiatives are currently being carried out by the EU to reflect the Common Position:

First: The EU continues to invite those States that have not become a Party to the Rome Statute to ratify or accede to it, as we believe that the Court's full effectiveness will be enhanced by the broadest participation possible; pursuant to the revised Common Position, a broad-based awareness programme has been launched within the framework of political dialogues with Third Countries.

Secondly: It is not enough for States simply to become a party to the Statute: it is essential that they enact the necessary national implementing legislation; the EU will assist other States where it can. In addition the EU continues to urge States Parties to fulfil their obligations rapidly and wholly to credit their assessed contributions to the Court's budget. Furthermore, we will encourage States to sign and ratify the Agreement on Privileges and Immunities of the Court.

Thirdly: With the aim of completing the Court's legal framework, the EU encourages the Secretary-General to take steps to conclude the Relationship Agreement between the ICC and the United Nations and it appreciates the efforts to finalize the Headquarters Agreement between the ICC and the Host Country.

Fourthly: The EU continues strongly to defend the integrity of the Rome Statute; in particular, we would like to recall that a year ago the EU Council unanimously adopted a set of Conclusions and appended Guiding Principles that should serve as guidelines for States when considering the necessity and the scope of possible bilateral agreements or arrangements on non-surrender. These Guiding Principles are intended to preserve the integrity of the Rome Statute. They were addressed, in the first place, to Member States and Candidate, now Acceding, Countries, but they are relevant for all States Parties to the Statute, as well as for those States considering becoming Parties thereto, because they clearly indicate the limits to be respected - according to the EU - in evaluating the need for the bilateral non-surrender agreements in question and, if such a need were to be affirmed, in determining the scope and other substantive limitations of such agreements. The Council Conclusions and the Guiding Principles have met with wide interest among Third Countries.

With a view to preserving the integrity of the Rome Statute in the context of our relations with States that have concerns about the Court, the EU will maintain a broad-based dialogue with those States on all aspects of the matter. We are confident that those States share the same fundamental values and place the same major importance on the goals of putting an end to impunity for the most serious crimes and of identifying and trying those responsible for committing them.

Mr. Chairman,

The Court does not aim to replace domestic jurisdictions. It may assume responsibility as a last resort and only when a State is unable or unwilling to do so. The EU commends the Prosecutor for the emphasis which he has placed upon complementarity in formulating his prosecutorial policy. The Court is not just a judicial institution designed to prevent and put an end to the impunity of the perpetrators of the most serious crimes of international concern; it is also an essential means of promoting respect for international humanitarian law and human rights law, thus contributing to freedom, security, justice and the rule of law as well as to the preservation of peace and strengthening of international security.

Mr. Chairman,

In conclusion, the EU subscribes to the words recently pronounced by the Secretary-General in saying that: "The Court is an instrument of justice, not expediency. It can and must serve as a bulwark against evil. At the same time, it is for the Court, now on the verge of beginning its work, to act responsibly and deliberately". In this way, the Court "will assuage the concerns that linger in parts of the international community, thus opening the door to universal participation".

Thank you Mr. Chairman.

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• EU Presidency Statement - International Criminal Court (14/10/2004)
• EU Presidency Statement - International Criminal Court  (9/10/2003)