2003/335/JHA: Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes
Date: 2003-05-08
Institutions: Council of the European Union
Subjects: crime against humanity, criminal procedure, exchange of information, judicial cooperation in criminal matters in the EU, judicial inquiry, legal process, war crime

L 118/12

EN

Official Journal of the European Union

14.5.2003

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

COUNCIL DECISION 2003/335/JHA

of 8 May 2003

on the investigation and prosecution of genocide, crimes against humanity and war crimes

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular Articles 30, 31 and 34(2)(c) thereof,

Having regard to the initiative of the Kingdom of Denmark (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

The International Criminal Tribunals for the former
Yugoslavia and for Rwanda have since 1995 been inves-
tigating, prosecuting and bringing to justice violations of
international law in connection with war, genocide and
crimes against humanity.

The Rome Statute of the International Criminal Court of
17 July 1998, which has been ratified by all Member
States of the European Union, affirms that the most
serious crimes of concern to the international commu-
nity 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 national level and by enhancing inter-
national cooperation.

The Rome Statute recalls that it is the duty of every State
jurisdiction over those respon-
to exercise its criminal
sible 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. Effective investiga-
tion and, as appropriate, prosecution of genocide, crimes
against humanity and war crimes should be ensured
without interference with the jurisdiction of the Interna-
tional Criminal Court.

The investigation and prosecution of, and exchange of
information on, genocide, crimes against humanity and
war crimes is to remain the responsibility of national
authorities, except as affected by international law.

(1) OJ C 223, 19.9.2002, p. 19.
(2) Opinion of 17 December 2002 (not yet published in the Official

Journal).

(6)

(7)

(8)

(9)

Member States are being confronted on a regular basis
with persons who were involved in such crimes and
who are trying to enter and reside in the European
Union.

The competent authorities of the Member States are to
ensure that, where they receive information that a
is
person who has applied for a residence permit
suspected of having committed or participated in the
commission of genocide, crimes against humanity or
war crimes, the relevant acts may be investigated, and,
where justified, prosecuted in accordance with national
law.

The relevant national law enforcement and immigration
authorities, although having separate tasks and responsi-
bilities, should cooperate very closely in order to enable
effective investigation and prosecution of such crimes by
the competent authorities
that have jurisdiction at
national level.

Member States should ensure that
law enforcement
authorities and immigration authorities have the appro-
priate resources and structures to enable their effective
cooperation and the effective investigation and, as
appropriate, prosecution of genocide, crimes against
humanity and war crimes.

(10)

The successful outcome of effective investigation and
prosecution of such crimes also requires close coopera-
tion at transnational
level between authorities of the
States Parties to the Rome Statute, including the Member
States.

(11) On 13 June 2002, the Council adopted Decision 2002/
494/JHA setting up a European network of contact
points in respect of persons responsible for genocide,
crimes against humanity and war crimes (3). Member
States should ensure that full use is made of the contact
points to facilitate cooperation between the competent
international authorities.

(3) OJ L 167, 26.6.2002, p. 1.

14.5.2003

EN

Official Journal of the European Union

L 118/13

(12)

International Criminal Court (1),

In Council Common Position 2001/443/CFSP of 11 June
the
2001 on the
Member States declared that the crimes within the juris-
diction of
the International Criminal Court are of
concern for all Member States, which are determined to
cooperate for the prevention of those crimes and for
putting an end to the impunity of
the perpetrators
thereof,

the latter Member State with a view to obtaining relevant infor-
mation, including information from the immigration authori-
ties.

Insofar as the law enforcement authorities in a Member
3.
State become aware that a person suspected of crimes as
referred to in Article 1 is in another Member State, they shall
inform the competent authorities in the latter Member State of
their suspicions and the basis thereof. Such information shall
be provided in accordance with relevant international agree-
ments and national law.

HAS DECIDED AS FOLLOWS:

Article 1

Objective

Article 4

Structures

The aim of this Decision is to increase cooperation between
national units in order to maximise the ability of law enforce-
ment authorities in different Member States to cooperate effec-
tively in the field of investigation and prosecution of persons
who have committed or participated in the commission of
genocide, crimes against humanity or war crimes as defined in
Articles 6, 7 and 8 of the Rome Statute of the International
Criminal Court of 17 July 1998.

Member States shall consider the need to set up or designate
specialist units within the competent law enforcement authori-
ties with particular
responsibility for investigating and, as
appropriate, prosecuting the crimes in question.

Article 5

Coordination and periodic meetings

Article 2

Information to law enforcement authorities

1.
The Member States shall take the necessary measures in
order for the law enforcement authorities to be informed when
facts are established which give rise to a suspicion that an
applicant
for a residence permit has committed crimes as
referred to in Article 1 which may lead to prosecution in a
Member State or in international criminal courts.

2. Member States shall
take the necessary measures to
ensure that the relevant national law enforcement and immigra-
tion authorities are able to exchange the information, which
they require in order to carry out their tasks effectively.

1. Member States shall coordinate ongoing efforts to investi-
gate and prosecute persons suspected of having committed or
participated in the commission of genocide, crimes against
humanity or war crimes.

2.
At the Presidency's initiative, the contact points desig-
nated under Article 1 of Decision 2002/494/JHA, shall meet at
regular intervals with a view to exchanging information about
experiences, practices and methods. These meetings may take
place in conjunction with meetings within the European Judi-
cial Network and, depending on the circumstances, representa-
tives from the International Criminal Tribunals for the former
Yugoslavia and for Rwanda, the International Criminal Court
and other international bodies may also be invited to take part
in such meetings.

Article 3

Investigation and prosecution

Article 6

Compliance with data protection legislation

1. Member States shall assist one another in investigating
and prosecuting the crimes referred to in Article 1 in accor-
dance with relevant international agreements and national law.

Any kind of exchange of information or other kind of proces-
sing of personal data under this Decision shall take place in full
compliance with the requirements flowing from the applicable
international and domestic data protection legislation.

2. Where, in connection with the processing of an applica-
tion for a residence permit, the immigration authorities become
aware of facts which give rise to a suspicion that the applicant
has participated in crimes referred to in Article 1, and where it
emerges that the applicant has previously sought permission to
reside in another Member State, the law enforcement authori-
ties may apply to the competent law enforcement authorities in

Article 7

Implementation

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

Member States shall take the necessary measures to comply
with this Decision by 8 May 2005.

L 118/14

EN

Official Journal of the European Union

14.5.2003

This Decision shall apply to Gibraltar.

Article 8

Territorial application

Article 9

Taking effect

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 8 May 2003.

For the Council

The President

M. CHRISOCHOÏDIS