Agreement between the EU and the International Criminal Court (ICC)

SUMMARY OF:

WHAT IS THE AIM OF THE DECISIONS AND THE AGREEMENT?

By Decision 2006/313/CFSP, the Agreement between the ICC and the EU on cooperation and assistance was approved on behalf of the EU.
The Agreement defines the terms of cooperation and assistance between the EU and the ICC. The Agreement binds the EU, and not EU countries.
Decision 2011/168/CFSP aims to advance universal support for the Rome Statute, which is the treaty establishing the ICC, to preserve the integrity of the Rome Statute, to support the independence of the ICC and its effective and efficient functioning, to support cooperation with the ICC, and to support the implementation of the principle of complementarity*.
Decision 2011/168/CFSP repeals Common Position 2003/444/CSFP.

KEY POINTS

The Council of the EU and the High Representative of the Union for Foreign Affairs and Security Policy are responsible for coordinating the measures taken by the EU and EU countries for the implementation of Articles 2 to 5 of Decision 2011/168/CFSP, in particular on the 3 following matters:

Advancing universal support

The EU and EU countries are contribute to the objective of the widest possible participation in the Rome Statute by raising the issue in negotiations and political dialogues with non-EU countries (third States) or regional organisations; and/or through adopting initiatives that promote the values, principles and rules of the Rome Statute.
The EU and EU countries cooperate with interested States, international institutions and non-governmental organisations in order to advance universal support.
EU countries share their experience regarding the implementation of the statute with interested States. Moreover, the EU and the EU countries contribute to the legislative work needed for the participation in and implementation of the Rome Statute by non-EU countries.

Guaranteeing the ICC’s independence

In order to guarantee the ICC’s independence, the EU and EU countries:

encourage State Parties to pay their contribution to the budget of the ICC;
encourage accession to and ratification of the Agreement on the Privileges and Immunities of the ICC;
support the development of training and assistance for judges, prosecutors, officials and counsel in work related to the ICC.

Supporting effective operation

The EU and EU countries follow closely developments concerning cooperation with the ICC. They may enter into ad hoc arrangements or agreements to support the effective functioning of the ICC. That is the case of the agreement between the EU and the ICC on cooperation and assistance.
The EU and EU countries take action to ensure full cooperation of non-EU countries with the ICC, including the prompt execution of arrest warrants.
The EU’s 2013 response to non-cooperation with the ICC by non-EU countries focuses on how the EU and EU countries should handle non-cooperation.

Action Plan

The Action Plan for following up on Decision 2011/168/CFSP focuses on:

coordination of EU activities to implement the decision’s objectives,
the universality and integrity of the Rome Statute,
the independence of the ICC,
the cooperation with the ICC, and
implementing the principle of complementarity.

DATE OF ENTRY INTO FORCE

The agreement entered into force on 1 May 2006.

BACKGROUND

The ICC is the world’s first and only permanent international criminal court and is based in The Hague, Netherlands. The ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide*, war crimes*, crimes against humanity* and the crime of aggression*. It is established and governed by the Rome Statute, which entered into force on 1 July 2002 and has been ratified by all EU countries.

Declaration by the High Representative, Federica Mogherini, on behalf of the EU on the occasion of the Day of International Criminal Justice, 17 July 2019 — press release (Council of the European Union).

KEY TERMS

Complementarity: in this context, is the principle by which the ICC is intended as a court of last resort, meaning that it should investigate and prosecute only when national courts have failed.

Genocide: acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.

War crimes: acts committed that violate the law and customs applicable in armed conflicts (e.g. the Geneva Conventions). Examples include mistreating prisoners-of-war, killing hostages, or deliberately destroying cities, towns or villages.

Crimes against humanity: acts committed as part of a widespread or systematic attack directed against any civilian populations with knowledge of the attack.

Crime of aggression: planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

MAIN DOCUMENTS

Council Decision 2006/313/CFSP of 10 April 2006 concerning the conclusion of the Agreement between the International Criminal Court and the European Union on cooperation and assistance (OJ L 115, 28.4.2006, p. 49)

Agreement between the International Criminal Court and the European Union on cooperation and assistance (OJ L 115, 28.4.2006, pp. 50-56)

Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP (OJ L 76, 22.3.2011, pp. 56-58)

last update 15.05.2020