2002/494/JHA: Council Decision of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes
Date: 2002-06-13
Institutions: Council of the European Union
Subjects: crime against humanity, information network, international cooperation, war crime

26.6.2002

EN

Official Journal of the European Communities

L 167/1

(Acts adopted pursuant to Title VI of the Treaty on European Union)

COUNCIL DECISION

of 13 June 2002

setting up a European network of contact points in respect of persons responsible for genocide,
crimes against humanity and war crimes

(2002/494/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

war crimes is to remain the responsibility of national
authorities, except as affected by international law.

Having regard to Title VI of the Treaty on European Union, and
in particular Article 30 and Article 34(2)(c) thereof,

Having regard to the initiative of the Kingdom of the Nether-
lands,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The International Criminal Tribunals for the former Yu-
goslavia and for Rwanda have since 1995 been investi-
gating, prosecuting and bringing to justice violations of
laws and customs of war, genocide and crimes against
humanity.

The Rome Statute of the International Criminal Court of
17 July 1998 affirms that the most serious crimes of
concern to the international community as a whole, in
particular genocide, crimes against humanity and war
crimes, must not go unpunished and that their effective
prosecution must be ensured by taking measures at na-
tional level and by enhancing international cooperation.

The Rome Statute recalls that it is the duty of every State
to exercise its criminal jurisdiction over those responsible
for such international crimes.

The Rome Statute emphasises that
the International
Criminal Court established under it is to be complemen-
tary to national criminal jurisdictions.

All Member States of the European Union have either
signed or ratified the Rome Statute.

The investigation and prosecution of, and exchange of
information on, genocide, crimes against humanity and

(1) OJ C 295, 20.10.2001, p. 7.

(7)

(8)

(9)

(10)

(11)

(12)

Member States are being confronted with persons who
were involved in such crimes and are seeking refuge
within the European Union’s frontiers.

The successful outcome of effective investigation and
prosecution of such crimes at national level depends to a
high degree on close cooperation between the various
authorities involved in combating them.

It is essential that the relevant authorities of the States
Parties to the Rome Statute, including the Member States
of the European Union, cooperate closely in this connec-
tion.

Close cooperation will be enhanced if the Member States
make provision for direct communication between cen-
tralised, specialised contact points.

Close cooperation between such contact points may pro-
vide a more complete overview of persons involved in
such crimes, including the question of in which Member
States they are the subject of investigation.

The Member States, in Council Common Position 2001/
443/CFSP of 11 June 2001 on the International Criminal
Court (2), have expressed that the crimes within the juris-
diction of the International Criminal Court are of con-
cern for all Member States, which are determined to co-
those crimes and for
operate for the prevention of
putting an end to the impunity of
the perpetrators
thereof.

(13)

This Decision does not affect any convention, agreement
or arrangement regarding mutual assistance in criminal
matters between judicial authorities,

(2) Opinion delivered on 9 April 2002 (not yet published in the Official

Journal).

L 167/2

EN

Official Journal of the European Communities

26.6.2002

HAS DECIDED AS FOLLOWS:

Article 1

Designation and notification of contact points

1.
Each Member State shall designate a contact point for the
exchange of information concerning the investigation of geno-
cide, crimes against humanity and war crimes such as those de-
fined in Articles 6, 7 and 8 of the Rome Statute of the Interna-
tional Criminal Court of 17 July 1998.

2.
Each Member State shall notify the General Secretariat of
the Council in writing of its contact point within the meaning
of this Decision. The General Secretariat shall ensure that this
notification is passed on to the Member States, and inform the
Member States of any changes in these notifications.

Article 2

Collection and exchange of information

1.
Each contact point’s task shall be to provide on request,
in accordance with the relevant arrangements between Member
States and applicable national law, any available information
that may be relevant in the context of investigations into geno-
cide, crimes against humanity and war crimes as referred to in
Article 1(1), or to facilitate cooperation with the competent na-
tional authorities.

2. Within the limits of the applicable national law, contact
points may exchange information without a request to that
effect.

Article 3

Informing the European Parliament

The Council will inform the European Parliament of the func-
tioning and effectiveness of the European network of contact
points in the context of the annual debate held by the European
Parliament pursuant to Article 39 of the Treaty.

Article 4

Implementation

Member States shall ensure that they are able to cooperate fully
in accordance with the provisions of this Decision at the latest
one year after this Decision takes effect.

Article 5

Taking effect

This Decision shall take effect on the date of its adoption.

Done at Luxembourg, 13 June 2002.

For the Council

The President

M. RAJOY BREY