Council Common Position of 11 June 2001 on the International Criminal Court
Date: 2001-06-11
Institutions: Council of the European Union
Subjects: criminal law, human rights, international court, international security, the EU's international role

12.6.2001

EN

Official Journal of the European Communities

L 155/19

COUNCIL COMMON POSITION

of 11 June 2001

on the International Criminal Court

(2001/443/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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 the United Nations and as provided
for in Article 11 of the EU Treaty, are of fundamental
importance to, and a priority for, the Union.

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 force after the sixtieth instrument of
ratification,
accession is
deposited.

approval or

acceptance,

The principles of the Rome Statute of the International
Criminal Court, as well as those governing its func-
tioning, are fully in line with the principles and objec-
tives of the Union.

The serious crimes within the jurisdiction of the Court
are of concern for all Member States, which are deter-
mined to cooperate for the prevention of those crimes
and for putting an end to the impunity of the perpetra-
tors thereof.

The Union is convinced that compliance with the rules
of international humanitarian law and human rights is
necessary for the preservation of peace and the consoli-
dation of the rule of law.

The early entry into force of the Statute is therefore
desirable and the Union is committed to making every
effort to achieve the required number of instruments of
ratification, acceptance, approval or accession, as well as
contributing to the full
implementation of the Rome
Statute.

On 19 November 1998, 6 May 1999 and 18 January
2001, the European Parliament adopted Resolutions on
the Rome Treaty to establish the
the ratification of
permanent International Criminal Court; and on 8 May
2001,
the Commission submitted to the European
Parliament and the Council its Communication on the
European Union's role in promoting human rights and
democratisation in third countries.

(8)

(9)

(10)

(11)

Commission mandated

The Final Act of the Rome Conference has established a
Preparatory
elaborate
proposals for adoption by the Assembly of States
Parties,
including instruments needed for the practical
functioning of the Court.

to

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 Elements of Crime and on Rules of
Procedure and Evidence completed by 30 June 2000 by
the Preparatory Commission was achieved with full
respect for the integrity of the Statute, to which all
Member States are committed.

The Union recognises that the principles and rules of
international criminal law embodied in the Rome Statute
should be taken into account in other international legal
instruments.

The Union is convinced that universal adherence to the
Rome Statute is desirable for the full effectiveness of the
International Criminal Court and, to this end, considers
that initiatives to enhance the acceptance of the Statute
are to be encouraged, provided they are consistent with
the letter and spirit of the Statute.

(12)

The effective establishment of the Court and the imple-
mentation of the Statute requires practical measures that
the European Union 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 promoting respect for international humanitarian law
thus contributing to freedom, security,
and human rights,
justice and the rule of
law as well as contributing to the
preservation of peace and the strengthening of international
security, in accordance with the purposes and principles of the
Charter of the United Nations.

2.
The objective of this Common Position is to pursue and
support an early entry into force of the Rome Statute and the
establishment of the Court.

L 155/20

EN

Official Journal of the European Communities

12.6.2001

Article 2

Article 5

1.
In order to contribute to the objective of an early entry
into force of the Statute, the European Union and its Member
States shall make every effort to further this process by raising
the widest possible ratification, acceptance,
the issue of
approval or accession to the Rome Statute and the imple-
mentation of the Statute in negotiations or political dialogues
with third States, groups of States or relevant regional organ-
isations, whenever appropriate.

2.
The Union and its Member States shall contribute to an
early entry into force and implementation of the Statute also
by other means, such as by adopting initiatives to promote the
dissemination of the values, principles and provisions of the
Rome Statute and related instruments.

3.
The Member States shall share with all interested States
their own experiences on the issues related to the implementa-
tion of the Statute and, when appropriate, provide other forms
of support to that objective.

The Council notes that the Commission intends to direct its
action towards achieving the objectives and priorities of this
Common Position, 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 Diplomatic Conference of Plenipotentiaries, Member
States shall contribute to the early finalisation of these instru-
ments and shall support solutions that are consistent with the
letter and the spirit of the Rome Statute, taking into account
the need for ensuring the widest possible participation thereto.

Article 7

The Council shall review this Common Position every six
months.

Article 8

Article 3

This Common Position shall take effect from the date of its
adoption.

The Union and its Member States shall give support, including
practical support, to the early establishment and good func-
tioning of the Court. They shall support the early creation of
an appropriate planning mechanism in order to prepare the
effective establishment of the Court.

Article 9

This Common Position shall be published in the Official
Journal.

Article 4

Done at Luxembourg, 11 June 2001.

The Council shall, where appropriate, coordinate measures by
the European Union and Member States for the implementa-
tion of Articles 2 and 3.

For the Council

The President

A. LINDH