(1)

In its action on the international scene the Union seeks to advance the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, equality and solidarity, and respect for the principles of the United Nations Charter and international law, as provided for in Article 21 of the Treaty. The Union seeks to develop relations and build partnerships with, inter alia, international organisations which share these principles.

(2)

One of the objectives of the Union is to preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter.

(3)

The Rome Statute of the International Criminal Court (hereinafter the ‘Rome Statute’) entered into force on 1 July 2002.

(4)

All Member States have ratified the Rome Statute.

(5)

The principles of the Rome Statute, as well as those governing the functioning of the International Criminal Court (hereinafter the ‘ICC’), are fully in line with the principles and objectives of the Union. The serious crimes within the jurisdiction of the ICC are of concern to the international community as a whole and to the Union and its Member States.

(6)

The Union and its Member States are determined to put an end to the impunity of the perpetrators of those crimes by taking measures at national level and by enhancing international cooperation to ensure their effective prosecution.

(7)

The Union and the ICC signed an agreement on cooperation and assistance on 10 April 2006 which entered into force on 1 May 2006 (1).

(8)

The principles and rules of international criminal law embodied in the Rome Statute should be taken into account in other international legal instruments.

(9)

The Union is convinced that universal accession to the Rome Statute is essential for the full effectiveness of the ICC and, to that end, considers that initiatives to enhance the acceptance of the Rome Statute are to be encouraged, provided they are consistent with the letter and spirit of the Rome Statute.

(10)

It is most important that the integrity of the Rome Statute and the independence of the ICC be preserved.

(11)

By its Conclusions of 30 September 2002 on the International Criminal Court the 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 ICC.

(12)

On 25 May 2010, the Council adopted Conclusions on the Review Conference of the Rome Statute of the International Criminal Court (hereinafter the ‘Review Conference’), which was held in Kampala, Uganda, from 31 May to 11 June 2010.

(13)

The Review Conference adopted amendments to the Rome Statute, in accordance with Article 5, paragraph 2 thereof to define the crime of aggression and to establish conditions under which the ICC could exercise jurisdiction with respect to that crime; adopted amendments to the Rome Statute to expand the jurisdiction of the ICC to three additional war crimes when committed in armed conflicts not of an international character; and decided to retain, for the time being, Article 124 of the Rome Statute. Those amendments are subject to ratification or acceptance and shall enter into force in accordance with Article 121, paragraph 5 of the Rome Statute. The ICC shall exercise jurisdiction over the crime of aggression subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Rome Statute.

(14)

The Union pledged at the Review Conference to review and update its instruments in support of the ICC and to continue the promotion of the universality and preservation of the integrity of the Rome Statute.

(15)

The implementation of the Rome Statute requires practical measures that the Union and its Member States should fully support.

(16)

The Action Plan which was, inter alia, called for by a Resolution on entry into force of the Statute of the International Criminal 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 (2) was adopted on 4 February 2004 and should be adapted as appropriate.

(17)

In the light of the above, Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal Court (3) should be repealed and replaced by this Decision,

(a)

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

(b)

make every effort towards the accession or ratification by Member States of the Agreement on the Privileges and Immunities of the International Criminal Court as soon as possible and promote such accession or ratification by other States; and

(c)

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