Agreement between the International Criminal Court and the European Union on cooperation and assistance
Date: 2006-04-10
Institutions: European Union, International Criminal Court
Subjects: International Criminal Court, cooperation agreement (EU), judicial cooperation

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between the International Criminal Court and the European Union on cooperation and assistance

AGREEMENT

THE INTERNATIONAL CRIMINAL COURT,

Hereinafter ‘the Court’,

of the one part, and

THE EUROPEAN UNION,

hereinafter ‘the EU’, represented by the Presidency of the Council of the European Union,

of the other part,

hereinafter referred to as the Parties,

CONSIDERING the fundamental importance and the priority that must be given to the consolidation of the rule of law
and respect for human rights and humanitarian law, as well as the preservation of peace and the strengthening of
international security, in conformity with the United Nations Charter and as provided for in Article 11 of the Treaty on
European Union;

NOTING that the principles of the Rome Statute of the International Criminal Court, as well as those governing its
functioning, are fully in line with the principles and objectives of the European Union;

EMPHASISING the importance of the administration of justice in accordance with the rule of law and procedural fairness
with particular reference to the rights of the accused provided in the Rome Statute;

NOTING the special role of victims and witnesses in proceedings before the Court and the need for specific measures
aimed at ensuring their security and effective participation in accordance with the Rome Statute;

RECALLING that the European security strategy, adopted by the European Council on 12 December 2003, supports an
international order based on effective multilateralism;

BEARING IN MIND Council Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal Court as
well as the Council's Action Plan to follow-up on such Common Position and particularly the essential role of the
International Criminal Court for the purpose of preventing and curbing the commission of the serious crimes falling
within its jurisdiction;

CONSIDERING that the European Union is committed to supporting the effective functioning of the International
Criminal Court and to advance universal support for it by promoting the widest possible participation in the Rome
Statute;

RECALLING THAT this Agreement must be read in conjunction with and subject to the Rome Statute of the International
Criminal Court and the Rules of Procedure and Evidence;

RECALLING THAT Article 87(6), of the Rome Statute provides that the Court may ask any intergovernmental organi-
sation to provide information or documents, and that the Court may also ask for other forms of cooperation and
assistance which may be agreed upon with such an organisation and which are in accordance with its competence or
mandate;

CONSIDERING THAT this Agreement covers terms of cooperation and assistance between the International Criminal
Court and the European Union and not between the International Criminal Court and the Member States of the European
Union;

CONSIDERING THAT, to that effect, the International Criminal Court and the European Union should agree on terms of
cooperation and assistance in addition to Common Position 2003/444/CFSP, as well as to the EU Action Plan in follow-
up to that Common Position,

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HAVE AGREED AS FOLLOWS:

Article 1

Purpose of the Agreement

This Agreement, which is entered into by the European Union
(EU) and the International Criminal Court (the Court) pursuant
to the provisions of the Treaty on European Union (EU Treaty)
and the Rome Statute of the International Criminal Court (the
Statute)
respectively, defines the terms of cooperation and
assistance between the EU and the Court.

Article 2

Definition of terms

For the purposes of this Agreement,

the European Union (hereinafter Council),

‘EU’ shall mean the
1.
Council of
the
Secretary General/High Representative and the General Secre-
tariat of the Council, and the Commission of the European
‘EU’ shall
Communities (hereinafter European Commission).
not mean the Member States in their own right.

For the purposes of

2.
mean:

this Agreement,

‘the Court’ shall

(a)

the Presidency,

(b) an Appeals Division, a Trial Division and a Pre-Trial

Division,

(c)

the Prosecutor's Office,

(d) the Registry,

(e)

the Secretariat of the Assembly of States Parties.

Article 3

Member State Agreements

any

This

agreements

Agreement,

1.
or
including
arrangements concluded under Article 11, shall not apply to
requests for information from the Court which relate to infor-
mation, other than EU documents including EU classified infor-
mation, originating from an individual Member State. In such
circumstances, any request shall be made directly to the relevant
Member State.

Article 73 of the Statute shall be applied, mutatis mutandis,
2.
to requests made by the Court to the EU under this Agreement.

Article 4

Obligation of cooperation and assistance

The EU and the Court agree that, with a view to facilitating the
effective discharge of their respective responsibilities, they shall
cooperate closely, as appropriate, with each other and consult
each other on matters of mutual
to the
fully respecting the
provisions of
In
respective provisions of
order to facilitate this obligation of cooperation and assistance,
the Parties agree on the establishing of appropriate regular
contacts between the Court and the EU Focal Point for the
Court.

the EU Treaty and the Statute.

this Agreement while

interest, pursuant

Article 5

Attendance at meetings

the Court

The EU may invite
to attend meetings and
conferences arranged under its auspices at which matters of
interest to the Court are under discussion in order to give
assistance with regard to matters within the jurisdiction of the
Court.

Article 6

Promotion of the values underpinning the Statute

The EU and the Court shall cooperate, whenever appropriate, by
adopting initiatives to promote the dissemination of the prin-
ciples, values and provisions of
the Statute and related
instruments.

Article 7

Exchange of information

The EU and the Court shall, to the fullest extent possible
1.
and practicable, ensure the regular exchange of information and
documents of mutual
interest in accordance with the Statute
and the Rules of Procedure and Evidence.

2. With due regard to its responsibilities and competence
under the EU Treaty, the EU undertakes to cooperate with the
Court and to provide the Court with such information or
the Court may request
documents
pursuant to Article 87(6), of the Statute.

in its possession as

The EU may, at its own initiative and in accordance with
3.
the EU Treaty, provide information or documents, which may
be relevant to the work of the Court.

4.
The Registrar of the Court shall, in accordance with the
Statute and the Rules of Procedure and Evidence, provide infor-
mation and
oral
proceedings,
judgements and orders of the Court, which may
be of interest to the EU.

documentation relating

pleadings,

to

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Article 8

Protection of safety or security

Should the cooperation, including the disclosure of information
or documents, provided for in this Agreement endanger the
safety or security of current or former staff of
the EU or
otherwise prejudice the security or proper conduct of any
operation or activity of the EU, the Court may order, parti-
the EU, appropriate measures of
cularly at
protection.

the request of

Article 9

Classified information

Provisions relating to the release of EU classified information by
the EU to an organ of the Court are set out in the Annex to this
Agreement, which is an integral part thereof.

Article 10

Testimony of staff of the European Union

1.
If the Court requests the testimony of an official or other
staff of the EU, the EU undertakes to cooperate fully with the
if necessary and with due regard to its responsi-
Court and,
the EU Treaty and the
bilities and competencies under
relevant rules thereunder,
to take all necessary measures to
enable the Court to hear that person's testimony, in particular
by waiving that person's obligation of confidentiality.

2. With reference to Article 8,
the Parties recognise that
measures of protection might be required should an official
or other staff of the EU be requested to provide the Court
with testimony.

(iii) the EU shall,

in accordance with Article 54(3)(d) of the
Statute, enter into such arrangements or agreements, not
inconsistent with the Statute, as may be necessary to
facilitate the cooperation of the EU with the Prosecutor.

2.
The Prosecutor shall address requests for information in
writing to the Secretary General/High Representative. The
Secretary General/High Representative shall provide a written
reply no later than one month.

3.
The EU and the Prosecutor may agree that the EU provide
the Prosecutor with documents or information on condition of
confidentiality and solely for the purpose of generating new
evidence and that such documents or information shall not
be disclosed to other organs of the Court or third parties, at
any stage of the proceedings or thereafter, without the consent
of the EU. The rules on classified information of Article 9 shall
apply.

Article 12

Privileges and immunities

If the Court seeks to exercise its jurisdiction over a person who
is alleged to be criminally responsible for a crime within the
jurisdiction of the Court and if such person enjoys, according to
the relevant rules of international law, any privileges and immu-
nities, the relevant institution of the EU undertakes to cooperate
fully with the Court and, with due regard to its responsibilities
and competencies under the EU Treaty and the relevant rules
thereunder, to take all necessary measures to allow the Court to
in particular by waiving any such
exercise its jurisdiction,
privileges and immunities in accordance with all relevant rules
of international law.

3.
Subject to the Statute and the Rules of Procedure and
Evidence, the EU shall be authorised to appoint a representative
to assist any official or other staff of the EU who appears as a
witness before the Court.

Article 13

Personnel arrangements

Article 11

Cooperation between the European Union and the
Prosecutor

1. While fully respecting the EU Treaty:

(i)

the EU undertakes to cooperate with the Prosecutor,
in
accordance with the Statute and the Rules of Procedure
and Evidence, in providing additional information held by
the EU that he or she may seek;

(ii)

the EU undertakes to cooperate with the Prosecutor,
accordance with Article 54(3)(c) of the Statute;

in

Pursuant to Article 44(4) of the Statute, the EU and the Court
agree to determine, on a case by case basis, under which excep-
tional circumstances the Court may employ the expertise of
gratis personnel offered by the EU, to assist with the work of
any of the organs of the Court.

Article 14

Services and facilities

Upon request of the Court, the EU shall, subject to availability,
the Court, such facilities and
provide for the purposes of
services as may be required,
including, where appropriate,
support at the field level. The terms and conditions on which
any such facilities, services or support of
the EU may be
provided shall be, as appropriate, the subject of prior supple-
mentary arrangements.

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Article 15

Training

Commission
Agreement,

shall

this
in accordance with their respective competencies.

implementation

oversee

the

of

The EU shall endeavour to support, as appropriate and in
consultation with the Court, the development of training and
assistance for judges, prosecutors, officials and counsel in work
related to the Court.

The Court and the EU may, for the purposes of imple-
2.
menting this Agreement, enter into such arrangements as may
be found appropriate.

Article 16

Correspondence

1.

For the purpose of this Agreement:

(a) as regards the EU:

to the Council at

the

all correspondence shall be sent
following address:
Council of the European Union
Chief Registry Officer
Rue de la Loi/Wetstraat, 175
B-1048 Brussels;

all correspondence shall be forwarded by the Chief Registry
Officer of
to the
European Commission and to the EU Focal Point for the
Court subject to paragraph 2;

to the Member States,

the Council

Article 18

Settlement of disputes

All differences between the EU and the Court arising out of the
interpretation or application of this Agreement shall be dealt
with through consultation between the Parties.

Article 19

Entry into force and review

This Agreement shall enter into force on the first day of

1.
the first month after the Parties have signed it.

2.
This Agreement may be reviewed for consideration of
possible amendments at the request of either Party. It shall be
reviewed no later than five years after its entry into force.

(b) as regards the Court,

all correspondence shall be addressed to the Registrar or the
Prosecutor, as appropriate.

Any amendment to this Agreement shall only be made in

3.
writing and by common agreement of the Parties.

for operational

that Party may,

2.
Exceptionally, correspondence from one Party which is
only accessible to specific competent officials, organs or
reasons, be
services of
addressed and only be
competent
officials, organs or services of
the other Party specifically
designated as recipients, taking into account their competencies
and according to the need to know principle. As far as the EU is
concerned, this correspondence shall be transmitted through the
Chief Registry Officer of the Council.

to specific

accessible

Article 17

Implementation

Article 20

Denunciation

One Party may denounce this Agreement by written notice of
denunciation given to the other Party. Such denunciation shall
take effect six months after receipt of notification by the other
Party, but shall not affect obligations already contracted under
In particular, all classified
the provisions of this Agreement.
information
this
provided
Agreement shall continue to be protected in accordance with
the provisions set forth herein.

exchanged

pursuant

or

to

1.
The Office of the Prosecutor and the Registry of the Court
and the Secretary-General of the Council and of the European

IN WITNESS WHEREOF
authorised, have signed this Agreement.

the undersigned,

respectively duly

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Hecho en Luxemburgo, el diez de abril de dos mil seis.
V Lucemburku dne desátého dubna dva tisíce šest.
Udfærdiget i Luxembourg den tiende april to tusind og seks.
Geschehen zu Luxemburg am zehnten April zweitausendsechs.
Kahe tuhande kuuenda aasta aprillikuu kümnendal päeval Luxembourgis.
Έγινε στο Λουξεμβούργο, στις δέκα Απριλίου δύο χιλιάδες έξι.
Done at Luxembourg on the tenth day of April in the year two thousand and six.
Fait à Luxembourg, le dix avril deux mille six.
Fatto a Lussemburgo, addì dieci aprile duemilase.
Luksemburgā, divtūkstoš sestā gada desmitajā aprīlī.
Priimta du tūkstančiai šeštų metų balandžio dešimtą dieną Liuksemburge.
Kelt Luxembourgban, a kettőezer hatodik év április tizedik napján.
Magħmul fil-Lussemburgu, fl-għaxra jum ta' April tas-sena elfejn u sitta.
Gedaan te Luxemburg, de tiende april tweeduizend zes.
Sporządzono w Luksemburgu dnia dziesiątego kwietnia roku dwutysięcznego szóstego.
Feito no Luxemburgo, em dez de Abril de dois mil e seis.
V Luxemburgu dňa desiateho apríla dvetisícšesť.
V Luxembourgu, desetega aprila leta dva tisoč šest.
Tehty Luxemburgissa kymmenentenä päivänä huhtikuuta vuonna kaksituhattakuusi.
Som skedde i Luxemburg den tionde april tjugohundrasex.

Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωοη

For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen

Por la Corte Penal Internacional
Za Mezinárodní trestní soud
For Den Internationale Straffedomstol
Für den Europäischen Strafgerichtshof
Rahvusvahelise Kriminaalkohtu nimel
Για to Διεθνές Ποινικό Δικαστήριο
For the International Criminal Court
Pour la Cour Pénale Internationale
Per la Corte Penale Internazionale
Starptautiskās Krimināltiesas vārdā
Tarptautinio baudžiamojo teismo vardu
A Nemzetközi Büntetőbíróság részéről
Għall-Qorti Kriminali Internazzjonali
Voor het Internationaal Strafhof
W imieniu Międzynarodowego Trybunału Karnego
Pelo Tribunal Penal Internacional
Za Medzinárodný trestný súd
Za Mednarodno Kazensko Sodišče
Kansainvälisen rikostuomioistuimen puolesta
För Internationella brottmålsdomstolen

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ANNEX

1. Should EU classified information be requested by an organ of the Court within the meaning of Article 34 of the

Statute, it may be released only in accordance with the Council's security regulations (1).

For the purposes of this Agreement, classified information shall mean any information (namely, knowledge that can be
communicated in any form) or material determined to require protection against unauthorised disclosure and which
has been so designated by a security classification (hereinafter referred to as classified information).

In particular:

(i) the Court shall ensure that EU classified information released to it keeps the security classification given to it by
in accordance with an equivalent level of protection to that
the EU and shall safeguard such information,
foreseen in the Council's security regulations.
In this respect, the Court shall ensure that it provides the
protection required by the EU in accordance with the rules, measures and procedures to be established
pursuant to paragraph 4;

(ii) the Court shall not use the released EU classified information for purposes other than those for which those EU

classified information and documents have been released to the Court;

(iii) the Court shall not disclose such information and documents to third parties without the prior written consent
of the EU in accordance with the principle of originator consent as defined in the Council's security regulations;

(iv) the Court shall ensure that access to EU classified information released to it will be authorised only for

individuals who have a ‘need to know’;

(v) the Court shall ensure that all persons who, in the conduct of their official duties require access, or whose duties
or functions may afford access to information classified CONFIDENTIEL UE and above, are appropriately security
cleared before they are granted access to such information, in accordance with arrangements to be established on
the basis of objective criteria pursuant to paragraph 4;

(vi) the Court shall ensure that, before being given access to EU classified information, all individuals who require
access to such information are briefed on and comply with the requirements of the protective security regu-
lations relevant to the classification of the information they are to access;

(vii) taking into account their level of classification, EU classified information shall be forwarded to the Court by
diplomatic bag, military mail services, secure mail services, secure telecommunications or personal carriage. The
Court shall notify in advance to the General Secretariat of the Council of the EU the name and address of the
body responsible for the security of classified information and the precise addresses to which the information
must be forwarded and will ensure that the addressees are security cleared;

(viii) the Court shall ensure that all premises, areas, buildings, offices, rooms, communication and information
systems, and the like, in which EU classified information is stored and/or handled, is protected by appropriate
in accordance with the arrangements to be established pursuant to paragraph 4;
physical security measures,

(ix) the Court shall ensure that EU classified documents released to it are, on their receipt, recorded in a special
register. The Court shall ensure that copies of EU classified documents released to it, which may be made by the
recipient body, their number and distribution, are recorded in this special register. The Court shall notify to the
EU the date of return of those documents to the EU or provide a certificate of their destruction;

(x) the Court shall notify to the General Secretariat of the Council of the EU any case of compromise of EU classified
information released to it. In such a case, the Court shall initiate investigations and take appropriate measures to
prevent a recurrence, in accordance with the arrangements to be established pursuant to paragraph 4.

(1) Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1).

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2. In implementing paragraph 1, no generic release shall be possible unless procedures are established and agreed

between the Parties regarding certain categories of information.

3. EU classified information may be downgraded or declassified in accordance with Council's security regulations before
being released to the Court. Any EU classified document containing national classified information may be consulted
only by appropriately cleared Court staff or downgraded or declassified and released to the Court with the express
written consent of the originator.

4. In order to implement this Agreement, security arrangements shall be established between the three authorities
designated below in order to lay down the standards of the reciprocal security protection for classified information
subject to this Agreement:

(a)

the Security Office of the Court shall be responsible for developing security arrangements for the protection and
safeguarding of classified information provided to the Court under this Agreement;

(b) the Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary
General of the Council, acting in the name of the Council and under its authority, shall be responsible for
developing security arrangements for the protection and safeguarding of classified information provided to the
EU under this Agreement;

(c)

the European Commission Security Directorate, acting in the name of the European Commission and under its
authority, shall be responsible for developing security arrangements for the protection of classified information
provided or exchanged under this Agreement within the European Commission and its premises;

(d) for the EU, these standards shall be subject to approval by the Council Security Committee.

5. The Parties shall provide mutual assistance with regard to security of classified information subject to this Agreement
and matters of common interest. Reciprocal security consultations and inspections shall be conducted by the autho-
rities defined in paragraph 4 to assess the effectiveness of the security arrangements within their respective respon-
sibility to be established pursuant to paragraph 4.

6. The Parties shall have a security organisation and security programmes, based upon such basic principles and
minimum standards of security which shall be implemented in the security systems of the Parties to be established
pursuant to paragraph 4, to ensure that an equivalent level of protection is applied to classified information subject to
this Agreement.

7. Prior to the initial provision of classified information subject to this Agreement, the responsible security authorities
referred to in paragraph 4 must have agreed that the receiving party is able to protect and safeguard the information
subject to this Agreement in a way consistent with the arrangements to be established pursuant to paragraph 4.

8. Nothing in this Agreement shall prejudice the possibility of the EU making available to the Court information with the
highest level of classification subject to the Court ensuring an equivalent level of protection to that foreseen in the
Council's security regulations.