EU Presidency Statement - The Rome Statute of the ICC

Mr. President,

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

Mr. President,

The first session of the Assembly of States Parties ("ASP") to the Rome Statute was a milestone in the establishment of the ICC. On that occasion the Judges and the Prosecutor were elected, and in July the Registrar was sworn in. These institutional developments have contributed to making the Court a tangible reality in international relations. Meanwhile the number of States Parties has further increased, bringing the current total to 90. The EU is proud of the significant contribution it has made to render the ICC fully operational and takes this opportunity to reiterate its full support for the ICC as a means to end impunity for the most heinous international crimes.

As the President of the Court reminded us last April, and again today, the important results achieved so far still do not relieve us of our responsibilities. They do, however, encourage us to press forward in our efforts to build the Court into an effective international institution. We are now called upon to take important decisions on institutional, financial and substantive matters.

In terms of institutions, this session of the ASP will elect the Deputy Prosecutor, the Board of Directors of the Trust for the Benefit of Victims of International Crimes and Families of such Victims, and the remaining members of the Committee on Budget and Finance. It is the sincere hope of the EU that these elections will be a further step toward consolidating the ICC structure. We also believe that the setting up of the Permanent Secretariat of the ASP is a fundamental step toward completing the organizational framework that will lend continuity to the work of this Assembly. It is for this reason that the EU urges the ASP promptly to establish its own Permanent Secretariat. Support in the terms of logistic and general services from the Court in The Hague should be guaranteed.

Budgetary and financial issues are at the core of this session of the ASP. States Parties are first called upon to approve the budget for the second financial year of the Court. The budget was drafted with a view to providing sufficient resources for the Court to start its substantive work. The EU believes it is essential that the Court's performance of its tasks not be impaired by a lack of funds. Nevertheless, the Committee on Budget and Finance proposed a number of adjustments during its recent first meeting. The EU commends the work of the Committee and will address its recommendations and other issues in more detail during the current working session of the ASP. In this respect, the EU thinks it is essential that States Parties fulfill their financial obligations to the Court by paying their contributions promptly.

The EU earnestly hopes that the budgetary discipline evident in the presentation of the 2004 budget will become an accepted part of the ICC culture. Responsible budgetary management will be key to ensuring widespread international support from members of the public who are responsible for funding the Court.

With regard to substantive matters, the EU believes that the work done by the PrepCom on the crime of aggression constitutes a useful basis for further steps toward defining this crime and creating universally accepted conditions for the ICC to exercise its jurisdiction.

Mr. President,

Notwithstanding the remarkable work done so far, there are a number of pending issues. They involve, first and foremost, the States Parties to the Rome Statute: each of them should continue its endeavor to enact the necessary national measures to enable its cooperation with the Court possible and effective.

Secondly, States Parties should spare no effort in promoting universal participation in the Rome Statute and it full implementation in domestic legislation. To this effect, States Parties should also share with all interested States their experiences on issues related to the implementation of the Statute, including through technical and financial assistance. The EU is proud of its own activities in these areas.

Thirdly, in order to ensure the Court's effective and independent functioning, States should become parties to the Agreement on Privileges and Immunities of the Court and ensure the enacting of national implementing legislation.

Moreover, in order to protect the Court's jurisdiction and effectiveness, States must commit themselves to preserving the integrity of the Rome Statute by complying fully with the obligations they have assumed under it. Within this context, the EU reiterates its position contained in the Council Conclusions on the ICC adopted on 30 September 2002 and the Guiding Principles annexed thereto, with regard to proposals for agreements or arrangements concerning conditions for the surrender of persons to the Court. Additionally, States should refrain from declarations which amount to reservations that are not permitted according to Article 120 of the Rome Statute.

Mr. President,

The achievement of an effective international institution requires the continued and full commitment by all organs of the Court. In this regard the EU welcomes the report on the ICC and the progress made by all its organs toward achieving a fully functional institution. However, while commending the work done so far, the EU encourages every branch of the Court to endeavor to define their internal organization and working methods in order to be ready to receive the first cases.

The EU is therefore greatly encouraged by the signs of firm co-operation already established between the three pillars of the Court. The EU believes it will be essential to build on this at an early stage in order that the Court is in the best possible position to meet the judicial and financial challenges ahead. It is the EU's hope that the co-operation already established will be enshrined as part of an ICC culture of collective responsibility across the three pillars of the Court.

The EU encourages the Court to conclude the process of negotiating with the United Nations the Draft Relationship Agreement between the Court and the United Nations and appreciates the efforts to finalize the Headquarters Agreement between the ICC and the Host Country.

Mr. President,

The EU would also like to recall the valuable contribution that the Coalition for the International Criminal Court and other NGOs have been playing throughout the process of setting up of the ICC, in particular their continued effort to raise governments' awareness of the Court's role in international relations. The EU believes that the Court can still benefit from NGO support today and therefore appreciates the initiative for a draft resolution on the CICC put forward by Sierra Leone.

Mr. President,

The EU will not miss this opportunity to reiterate its commitment to the Court as an independent fully-fledged judicial body as stated in the Common Position adopted by the Council of the EU on 16 June 2003. The EU reaffirms its strong belief in the value of international justice and its unconditional support for this institution and is confident that the ICC will make a major contribution to the maintenance of international peace and security.

Finally, Mr. President let me once again express the EU's sincere gratitude and appreciation to the UN Secretary-General and to the Secretariat for their work delivered to the cause of the ICC since the very beginning of the ICC process. Without them we would have not been where we are today.

Thank you, Mr. President.

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