Council Common Position of 20 June 2002 amending Common Position 2001/443/CFSP on the International Criminal Court
Date: 2002-06-20
Institutions: Council of the European Union
Subjects: action programme, criminal law, human rights, international court, international security, the EU's international role

22.6.2002

EN

Official Journal of the European Communities

L 164/1

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

COUNCIL COMMON POSITION

of 20 June 2002

amending Common Position 2001/443/CFSP on the International Criminal Court

(2002/474/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

Having regard to the Treaty on European Union, and in particu-
lar Article 15 thereof,

Article 1

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Article 7 of Council Common Position 2001/443/CFSP
of 11 June 2001, on the International Criminal Court (1)
(the Court), states that the Council shall review the Com-
mon Position every six months.

On 16 April 2002 the Council took note of a resolution
on the Court approved by the European Parliament on
28 February 2002 which, inter alia, called for the adop-
tion of an action plan to follow up Common Position
2001/443/CFSP.

The said Action Plan was finalised on 15 May 2002 and
may be adapted as appropriate.

The Statute of the International Criminal Court, herein-
after the ‘Statute’, adopted by the Rome Conference of
Plenipotentiaries, has been signed by 139 and ratified or
acceded to by 69 States and will enter into force on 1
July 2002.

All Member States of the European Union have ratified
the Statute.

In view of the forthcoming entry into force of the Sta-
tute, a number of steps have to be taken before the Court
can function effectively, a period during which the Eur-
opean Union should do its utmost to promote the early
establishment of the Court, in accordance with the rele-
vant decisions of the Preparatory Commission and the
Assembly of States Parties (the Assembly).

(7)

Common Position 2001/443/CFSP should therefore be
amended,

(1) OJ L 155, 12.6.2001, p. 19.

Common Position 2001/443/CFSP is hereby amended as
follows:

1. Article 1(2) shall be replaced by the following:

The objective of this Common Position is to support
‘2.
the early establishment and effective functioning of
the
Court and to advance universal support for the Court by
promoting the widest possible participation in the Statute.’

2. Article 2 shall be replaced by the following:

‘Article 2

1.
In order to contribute to the objective of the widest
possible participation in the Statute, the European Union
and its Member States shall make every effort to further this
process by raising the issue of the widest possible ratifica-
tion, acceptance, approval of or accession to the Rome Sta-
tute and the implementation of the Statute in negotiations
or political dialogues with third States, groups of States or
relevant regional organisations, whenever appropriate.

The Union and its Member States shall contribute to
2.
the world-wide ratification and implementation of the Sta-
tute also by other means, such as by adopting initiatives to
promote the dissemination of the values, principles and pro-
visions of the Statute and related instruments. In furtherance
of the objectives of this Common Position, the Union shall
cooperate as necessary with other interested States, interna-
tional
institutions, non-governmental organisations and
other representatives of civil society.

3.
The Member States shall share with all interested States
their own experiences on the issues related to the implemen-
tation of the Statute and, when appropriate, provide other
forms of support to that objective. They shall contribute,
when requested, with technical and, where appropriate, fi-
nancial assistance to the legislative work needed for the rati-
fication and implementation of the Statute in third coun-
tries. States considering to ratify the Statute or to cooperate
with the Court shall be encouraged to inform the Union of
difficulties encountered on that path.

L 164/2

EN

Official Journal of the European Communities

22.6.2002

In implementing this Article, the Union and its Mem-
4.
ber States shall coordinate political and technical support for
the Court with regard to various States or groups of States.
To that end, country-specific or region-specific strategies
shall be developed and used where appropriate.’

3. Article 3 shall be replaced by the following:

‘Article 3

1.
The Union and its Member States shall give support,
including practical support, to the early establishment and
good functioning of the Court. In particular, they shall sup-
port the early creation and operation of an appropriate plan-
ning mechanism, including an advance team of experts, in
order to prepare the effective establishment of the Court.

2. Member States shall cooperate to ensure the smooth
functioning of the Assembly in all respects, including the
adoption of documents recommended by the Preparatory
Commission. In particular, Member States shall make every
effort to ensure that highly qualified candidates are nomi-
nated, inter alia by encouraging transparent nomination pro-
cedures for judges and prosecutors in accordance with the
Statute. They shall also endeavour to achieve that the com-
position of the Court as a whole reflects the criteria set forth
in the Statute.

3.
The Union and its Member States shall consider contri-
buting in an appropriate and equitable manner to the costs
for measures needed before the first periods budget of the

Court becomes effective and the Court is fully operational.
The Union, after adoption of a budget of the Court by the
Assembly of States’ Parties, shall encourage States’ Parties to
promptly transfer their assessed contributions in accordance
with the decisions taken by the Assembly.

4.
The Union and its Member States shall endeavour to
support as appropriate the development of training and as-
sistance for judges, prosecutors, officials and counsel
in
work related to the Court.’

Article 2

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

Article 3

This Common Position shall be published in the Official
Journal.

Done at Madrid, 20 June 2002.

For the Council

The President

R. DE RATO Y FIGAREDO