2001E0443 — EN — 20.06.2002 — 001.001 — 1
Thisdocumentismeantpurelyasadocumentationtoolandtheinstitutionsdonotassumeanyliabilityforitscontents
►B COUNCILCOMMONPOSITION
of11June2001
ontheInternationalCriminalCourt
(2001/443/CFSP)
(OJ L 155, 12.6.2001, p. 19)
Amended by:
Official Journal
No page date
►M1Council Common Position of 20 June 2002 (2002/474/CFSP) L 164 1 22.6.2002
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COUNCILCOMMONPOSITION
of11June2001
ontheInternationalCriminalCourt
(2001/443/CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular
Article 15 thereof,
Whereas:
(1)The consolidation of the rule of law and respect for human
rights, as well as the preservation of peace and the strengthening
of international security, in conformity with the Charter of theUnited Nations and as provided for in Article 11 of the EUTreaty, are of fundamental importance to, and a priority for, theUnion.
(2)The Statute of the International Criminal Court, adopted by the
Rome Conference of Plenipotentiaries, has been signed by 139
and ratified or acceded to by 32 States and will enter into forceafter the sixtieth instrument of ratification, acceptance, approvalor accession is deposited.
(3)The principles of the Rome Statute of the International CriminalCourt, as well as those governing its functioning, are fully in line
with the principles and objectives of the Union.
(4)The serious crimes within the jurisdiction of the Court are of
concern for all Member States, which are determined to coop-erate for the prevention of those crimes and for putting an endto the impunity of the perpetrators thereof.
(5)The Union is convinced that compliance with the rules of inter-national humanitarian law and human rights is necessary for the
preservation of peace and the consolidation of the rule of law.
(6)The early entry into force of the Statute is therefore desirable
and the Union is committed to making every effort to achievethe required number of instruments of ratification, acceptance,approval or accession, as well as contributing to the full imple-mentation of the Rome Statute.
(7)On 19 November 1998, 6 May 1999 and 18 January 2001, theEuropean Parliament adopted Resolutions on the ratification ofthe Rome Treaty to establish the permanent International Crim-inal Court; and on 8 May 2001, the Commission submitted tothe European Parliament and the Council its Communication onthe European Union's role in promoting human rights and demo-
cratisation in third countries.
(8)The Final Act of the Rome Conference has established a
Preparatory Commission mandated to elaborate proposals foradoption by the Assembly of States Parties, including instru-ments needed for the practical functioning of the Court.
(9)The agreement reached on the Rome Statute represents a delicate
balance between different legal systems and interests, and the
successful finalisation of the first draft instruments on Elementsof Crime and on Rules of Procedure and Evidence completed by30 June 2000 by the Preparatory Commission was achieved withfull respect for the integrity of the Statute, to which all MemberStates are committed.
(10)The Union recognises that the principles and rules of interna-
tional criminal law embodied in the Rome Statute should be
taken into account in other international legal instruments.
(11)The Union is convinced that universal adherence to the RomeStatute is desirable for the full effectiveness of the InternationalCriminal Court and, to this end, considers that initiatives toenhance the acceptance of the Statute are to be encouraged,2001E0443 — EN — 20.06.2002 — 001.001 — 2
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provided they are consistent with the letter and spirit of the
Statute.
(12)The effective establishment of the Court and the implementationof the Statute requires practical measures that the EuropeanUnion and its Member States should fully support,
HAS ADOPTED THIS COMMON POSITION:
Article 1
1. The establishment of the International Criminal Court, for the
purpose of preventing and curbing the commission of the serious
crimes falling within its jurisdiction, is an essential means of promotingrespect for international humanitarian law and human rights, thuscontributing to freedom, security, justice and the rule of law as wellas contributing to the preservation of peace and the strengthening ofinternational security, in accordance with the purposes and principles
of the Charter of the United Nations.
2. The objective of this Common Position is to support the early
establishment and effective functioning of the Court and to advanceuniversal support for the Court by promoting the widest possible parti-
cipation in the Statute.
Article 2
1. In order to contribute to the objective of the widest possible parti-
cipation in the Statute, the European Union and its Member States shallmake every effort to further this process by raising the issue of thewidest possible ratification, acceptance, approval of or accession tothe Rome Statute and the implementation of the Statute in negotiationsor political dialogues with third States, groups of States or relevant
regional organisations, whenever appropriate.
2. The Union and its Member States shall contribute to the world-
wide ratification and implementation of the Statute also by othermeans, such as by adopting initiatives to promote the dissemination ofthe values, principles and provisions of the Statute and related instru-ments. In furtherance of the objectives of this Common Position, the
Union shall cooperate as necessary with other interested States, interna-
tional institutions, non-governmental organisations and otherrepresentatives of civil society.
3. The Member States shall share with all interested States their own
experiences on the issues related to the implementation of the Statuteand, when appropriate, provide other forms of support to that objective.
They shall contribute, when requested, with technical and, where
appropriate, financial assistance to the legislative work needed for theratification and implementation of the Statute in third countries. Statesconsidering to ratify the Statute or to cooperate with the Court shall beencouraged to inform the Union of difficulties encountered on that
path.
4. In implementing this Article, the Union and its Member States
shall coordinate political and technical support for the Court withregard to various States or groups of States. To that end, country-specific or region-specific strategies shall be developed and used whereappropriate.
Article 3
1. The Union and its Member States shall give support, including
practical support, to the early establishment and good functioning of
the Court. In particular, they shall support the early creation and opera-tion of an appropriate planning mechanism, including an advance teamof experts, in order to prepare the effective establishment of the Court.
2. Member States shall cooperate to ensure the smooth functioning
of the Assembly in all respects, including the adoption of documents2001E0443 — EN — 20.06.2002 — 001.001 — 3
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recommended by the Preparatory Commission. In particular, Member
States shall make every effort to ensure that highly qualified candidatesare nominated, inter alia by encouraging transparent nomination proce-
dures for judges and prosecutors in accordance with the Statute. They
shall also endeavour to achieve that the composition of the Court as awhole reflects the criteria set forth in the Statute.
3. The Union and its Member States shall consider contributing in
an appropriate and equitable manner to the costs for measures neededbefore the first periods budget of the Court becomes effective and the
Court is fully operational. The Union, after adoption of a budget of the
Court by the Assembly of States' Parties, shall encourage States' Partiesto promptly transfer their assessed contributions in accordance with thedecisions taken by the Assembly.
4. The Union and its Member States shall endeavour to support as
appropriate the development of training and assistance for judges,
prosecutors, officials and counsel in work related to the Court.
Article 4
The Council shall, where appropriate, coordinate measures by the
European Union and Member States for the implementation of Articles2 and 3.
Article 5
The Council notes that the Commission intends to direct its action
towards achieving the objectives and priorities of this Common Posi-tion, where appropriate by pertinent Community measures.
Article 6
During negotiations of the instruments of, and in carrying out the work
provided for in Resolution F of the Final Act of the Rome DiplomaticConference of Plenipotentiaries, Member States shall contribute to the
early finalisation of these instruments and shall support solutions that
are consistent with the letter and the spirit of the Rome Statute, takinginto account the need for ensuring the widest possible participationthereto.
Article 7
The Council shall review this Common Position every six months.
Article 8
This Common Position shall take effect from the date of its adoption.
Article 9
This Common Position shall be published in the Official Journal.2001E0443 — EN — 20.06.2002 — 001.001 — 4
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