WRITTEN QUESTION E-0389/02 by Charles Tannock (PPE-DE) to the Commission. Inclusion or non-inclusion of terrorist acts under the provisions of the Rome Statute of the International Criminal Court.
Date: 2002-02-20
Institutions: European Parliament, Provisional data
Subjects: EU aid, International Criminal Court, financial aid, international court, jurisdiction, non-governmental organisation, the EU's international role

C 92 E/8

Official Journal of the European Union

EN

17.4.2003

In its last Regular Reports, the Commission also concluded that the conditions for accession were not
2.
yet fulfilled by any of the candidate countries. A new assessment regarding the fulfilment of all accession
criteria by the candidate countries will be made in the next Regular Reports, which are expected to
become available in October 2002. On the basis of these reports, the Commission should be able to make
recommendations on those candidate countries ready for accession.

3.

See above answers to questions 1 and 2.

(2003/C 92 E/009)

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 Court. Approximately
EUR 6,9 million have been spent since 1995 on such projects.

the need for the establishment of

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.

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Official Journal of the European Union

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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.

(2003/C 92 E/010)

WRITTEN QUESTION P-0406/02

by Antonio Tajani (PPE-DE) to the Commission

(11 February 2002)

Subject: Kidnap of Israeli soldiers

On 7 October 2000 three Israeli soldiers, Binyamin Avraham, Adi Avitan and Omar Souad were captured
by the Hezbollah terrorist organisation whilst patrolling the Israeli-Lebanese border.

Investigations have revealed that the Hezbollah men were disguised as United Nations soldiers, using
UNIFIL uniforms and vehicles.

Since their kidnap the Israeli soldiers have been kept in isolation, without any means of communicating
with the outside world. Hezbollah have not even allowed the International Red Cross to visit the soldiers
and ascertain their state of health.

On 2 November 2001 the Israeli Brigadier-General Rabbi Yisrael Weiss declared the three soldiers dead.

What steps will the Commission take to obtain information concerning the fate of the three soldiers?

If it is confirmed that they are dead, what steps will the Commission take to ensure that the bodies of the
men, whose place of burial is still unknown, are returned to their families?

Answer given by Mr Patten on behalf of the Commission

(1 March 2002)

The Commission strongly supports the upholding of the rule of law, and finds the taking of hostages by
any country or organisation completely unacceptable. The taking of hostages contravenes the Universal
Declaration of Human Rights. The Commission has raised the subject of the four Israeli citizens held by
in order to make
Hizbollah since 7 October 2000 with the Lebanese, Syrian and Iranian authorities,
known its concerns, and to seek information on their well-being. Regrettably, no information has been
forthcoming. The Israeli authorities have recently indicated that the three soldiers abducted at the Syria-
Lebanon border (in the Shebaa farms area) may no longer be alive.

The Member of the Commission in change of External Relations received the families of the three Israeli
soldiers on June 2001 and informed them of the Commission’s view that ‘hostage-taking was unacceptable,
to withhold information about the well-being of the detained Israelis was wicked, and to deny access to
them by the International Committee of the Red Cross (ICRC) was indefensible’. The Cabinet of the
President of the Commission met on 21 January 2002 with Mr Haim Avraham, father of one of three
Israel Defence forces (IDF) soldiers abducted.

The Commission insists on the right of all those arrested or detained in circumstances of conflict to have
access to the ICRC, and that international law be respected.