WRITTEN QUESTION E-1795/02

by Erik Meijer (GUE/NGL) to the Council

(24 June 2002)

Subject: Preparations for an American tulip war against the Netherlands with a view to releasing prisoners tried by the International Criminal Court

1. What is the Council's view of the persistent refusal of the United States to recognise the International Criminal Court (ICC) in The Hague, which will, as of 1 July 2002, be able to try those responsible for crimes against humanity, should the relevant State fail to do so, whatever the nationality of the perpetrators or victims?

2. Is the Council aware that the American Servicemembers' Protection Act (ASPA) contains a provision which forbids the American government to take part in UN peacekeeping operations in countries that have ratified the treaty instituting the ICC unless answerability of US service personnel to this court has been ruled out?

3. Is the Council aware that the United States has further escalated this refusal in that on 9 June 2002 the United States Senate adopted a bill, to be incorporated into the ASPA, which authorises military intervention in the Netherlands, referred to in the debates as the tulip war, with the aim of liberating any American prisoners so that they do not have to appear before the Court?

4. What is the Council doing to ensure that the right to carry out an armed attack on the Netherlands does not gain a majority in the US House of Representatives or that the aforementioned bill is not signed by the President of the United States if it should receive this majority?

5. Should this bill be incorporated into American law, does the Council still consider it realistic and acceptable for the European Union or its Member States to maintain relations with a State which reserves the right to attack an EU Member State?

(Source: NCR-Handelsblad, 8 June 2002)

Reply

(6 February 2003)

1. The EU is convinced that the ICC will make the world a safer, a more just and a more peaceful place to live in. We believe that, through its mere existence, the ICC will deter individuals from committing the most heinous crimes. By ending impunity, the ICC will strengthen the primacy of law and contribute to the reign of peace in the world. The ICC will very soon prove its worth as an independent and effective institution. The EU will spare no efforts to ensure its success. Those who now oppose the ICC will then see for themselves how the Rome Statute guarantees the highest standards of due process and guards against the Court being used for political purposes.

2. The European Union appeals to all States to ratify, or accede to, the Rome Statute, because we believe that universal adherence to the Statute is desirable for the full effectiveness of the ICC. To promote universal support for the ICC, the Council last year adopted Common Position 2001/443/CFSP, revised on 20 June 2002. The European Union has also finalised an Action Plan in furtherance of the Common Position. On the basis of the Common Position, the EU has made representations to governments worldwide. Through our political dialogue meetings, the ICC has been discussed with countries of all continents. The ICC is indeed a recurrent theme in our contacts with the United States of America.

3. The European Union and the United States share the same fundamental values. We are both attached to freedom, democracy, the defence of human rights, and the rule of law. For this reason, the EU has always believed that the United States should be amongst the States Parties to the Rome Statute.

4. On 17 June 2002, the Council adopted conclusions in which while respecting the right of the United States to do so, it regrets its decision not to become a party to the Rome Statute establishing the ICC. It also expressed its concern about ASPA as currently drafted. Its adoption on 2 August 2002 has been a most unwelcome development for the international community.

5. The Council conclusions also underscore the EU's disquiet about the current provision of ASPA authorising the President to use all means to bring about the release of any person detained at the request of the ICC, including on the territory of EU Member States.

6. The EU has shared its worries with the US Congress and with the Administration at all levels, and has received assurances that a US intervention in our territory would be inconceivable. In conclusions adopted on 30 September 2002, the Council confirmed that the European Union is firmly committed by the EU Common Position to support the early establishment and effective functioning of the International Criminal Court and to preserve the full integrity of the Rome Statute. It took note of the proposal by the United States for new bilateral agreements with ICC States Parties regarding the conditions for surrender to the Court.

7. At the same meeting the Council prepared EU Guiding Principles concerning arrangements between a State Party to the Rome Statute of the International Criminal Court and the United States regarding the conditions for surrender of persons to the Court.