Council Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal Court
Date: 2003-06-16
Institutions: Council of the European Union
Subjects: International Criminal Court, common foreign and security policy

18.6.2003

EN

Official Journal of the European Union

L 150/67

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

COUNCIL COMMON POSITION 2003/444/CFSP

of 16 June 2003

on the International Criminal Court

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

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 Treaty on European Union, are
importance to, and a priority for the
of fundamental
Union.

The Rome Statute of the International Criminal Court
entered into force on 1 July 2002 and the Court is now
fully functional.

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

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 to 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 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 accession to the
Rome Statute is essential for the full effectiveness of the
International Criminal Court and, to that 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.

The implementation of the Rome Statute requires prac-
tical measures that the European Union and its Member
States should fully support.

(9)

(10)

(11)

inter alia, called for by a
The Action Plan which was,
Resolution on the Court approved by the European
Parliament on 28 February 2002 to follow up Council
Common Position 2001/443/CFSP of 11 June 2001 on
the International Criminal Court (1) was adopted on 15
May 2002 and may be adapted as appropriate.

It is eminently important that the integrity of the Rome
Statute be preserved.

By its Conclusions of 30 September 2002 on the Inter-
national Criminal Court the General Affairs and External
Relations Council has developed a set of principles
attached to those Conclusions to serve as guidelines for
Member States when considering the necessity and scope
of possible agreements or arrangements in responding to
proposals regarding the conditions to surrender persons
to the International Criminal Court.

(12)

In the light of the above, Common Position 2001/443/
CFSP should be updated and recast.

(13)

This Common Position should be kept under review.

(14)

The European Union considers the application of this
Common Position by the acceding countries and the
alignment with it by the associated countries Romania,
Bulgaria and Turkey and by the EFTA countries impor-
tant in order to maximise its impact,

HAS ADOPTED THIS COMMON POSITION:

Article 1

jurisdiction,
for

The International Criminal Court,

1.
for the purpose of
preventing and curbing the commission of the serious crimes
is an essential means of
falling within its
international humanitarian law and
promoting respect
human rights, thus contributing to freedom, security,
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.

(1) OJ L 155, 12.6.2001, p. 19. Common Position as amended by
Common Position 2002/474/CFSP (OJ L 164, 22.6.2002, p. 1).

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

Article 4

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

Article 2

Article 5

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

2.
The Union and its Member States shall contribute to the
worldwide participation in 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 Statute and related instruments. In furtherance of the objec-
tives of this Common Position, the Union shall cooperate as
necessary with other interested States, international 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 implementa-
tion of the Statute and, when appropriate, provide other forms
to that objective. They shall contribute, when
of support
requested, with technical and, where appropriate,
financial
assistance to the legislative work needed for the participation in
and implementation of the Statute by third countries. States
considering to become party to the Statute or to cooperate
with the Court shall be encouraged to inform the Union of
difficulties encountered on that path.

4.
In implementing this Article, the Union and its Member
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 devel-
oped and used where appropriate.

Article 3

In order to support the independence of the Court, the Union
and its Member States shall, in particular:

— encourage States Parties to transfer promptly and in full
their assessed contributions in accordance with the deci-
sions taken by the Assembly of States Parties;

— make every effort towards the signature and ratification by
Member States of the Agreement on the Privileges and
Immunities of the Court as soon as possible and promote
such signature and ratification by other States; and

— endeavour to support as appropriate the development of
training and assistance for judges, prosecutors, officials and
counsel in work related to the Court.

1.
The Union and its Member States shall follow closely
developments concerning effective cooperation with the Court
in accordance with the Rome Statute.

2.
In this context, they shall continue, as appropriate, to
draw the attention of third States to the Council Conclusions of
30 September 2002 on the International Criminal Court and to
the EU Guiding Principles annexed thereto, with regard to
proposals for agreements or arrangements concerning condi-
tions for the surrender of persons to the Court.

Article 6

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 7

1. Member States shall cooperate to ensure the smooth func-
tioning of the Assembly of States Parties in all respects.

2.
During negotiations in the Special Working Group estab-
lished by the Assembly of States Parties to deal with the crime
of aggression, Member States shall contribute to the finalisation
of the work under way and shall support solutions which are
consistent with the letter and the spirit of the Rome Statute
and of the United Nations Charter.

Article 8

The Council shall review this Common Position as appropriate.

Article 9

The Council notes that Cyprus,

the Czech Republic,
1.
Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak
Republic and Slovenia intend to apply this Common Position
as from the date of its adoption.

The Presidency will

the associated countries
request
2.
Romania, Bulgaria and Turkey as well as the EFTA countries to
align with this Common Position.

Article 10

Common Position 2001/443/CFSP is hereby repealed and
replaced by this Common Position. References to the repealed
Common Position 2001/443/CFSP shall be construed as being
made to this Common Position.

Article 11

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

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This Common Position shall be published in the Official Journal of the European Union.

Article 12

Done at Luxembourg, 16 June 2003.

For the Council

The President

G. PAPANDREOU