WRITTEN QUESTION E-0389/02

by Charles Tannock (PPE-DE) to the Commission

(20 February 2002)

Subject: Inclusion or non-inclusion of terrorist acts under the provisions of the Rome Statute of the International Criminal Court

Article 7 (Crimes against humanity) of the provisions of the Rome Statute of the International Criminal Court lists a number of acts including Murder, Extermination, Torture and Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health any one of which constitutes a crime against humanity when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.

Article 8 (War Crimes) (e) refers to Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely any of the following acts: (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities.

Before stating in 8(f) that Paragraph 2(e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organised armed groups or between such groups.

Does the Commission take the view that a natural reading of these or other Articles in the Statute would allow terrorists (if sufficiently organised) as well as rebel groups to fall within the provisions of the Statute, the 1949 Geneva Conventions and their Protocols notwithstanding, or does it agree with the view stated clearly by the French Government in its Declaration at the time of ratification, and held by other governments as well as a large body of legal opinion, that terrorist acts would not fall within its provisions?

Does the Commission welcome the Rome Statute, and, if so, does the Commission have a view on whether terrorist crimes should be treated differently from crimes against humanity or war crimes committed by state authorities or rebel groups?

Answer given by Mr Patten on behalf of the Commission

(26 March 2002)

The Commission fully subscribes to the Council's Common Position on the International Criminal Court (ICC) which was adopted on 11 June 2001(1). It aims to pursue and support an early entry into force of the Rome Statute and the establishment of the Court.

The Community budget provides support to non-governmental organisation (NGO)-led projects that aim to raise awareness worldwide about the need for the establishment of the Court. Approximately EUR 6,9 million have been spent since 1995 on such projects.

The Community is not a party to the Rome Statute and it is not for the Commission to determine whether the Rome Statute applies to terrorist crimes.

The Commission notes, nevertheless, that the inclusion of terrorist crimes as such in the Rome Statute was discussed at the time of the drafting of the Statute, but no article on terrorist crimes was adopted. Resolution F of the ICC Statute notes that the Assembly of States parties may include terrorism at a later stage once an accepted definition has been settled.

The Commission notes, on the other hand, that it might not be excluded that a specific terrorist conduct may still amount to a crime against humanity or any other crime in the Statute, provided it meets the criteria set down for those crimes.

(1) OJ L 155, 12.6.2001.