91998E2141

WRITTEN QUESTION E-2141/98

by Graham Watson (ELDR) to the Council

(14 July 1998)

Subject: International Criminal Court

Will the Council lend its support to moves to define as a war crime the recruiting and use of children below the age of 15 as soldiers in the current negotiations to establish a permanent International Criminal Court?

Reply

(22 October 1998)

1. The Council expresses its deep appreciation for the successful completion of the Rome Conference for the establishment of the International Criminal Court which is an achievement of historical dimensions sending a signal that the world can be made a safer and more just place to live in.

The European Union fully endorses the outcome of the Rome Conference as reflected in the statute adopted by an overwhelming majority of participating States on 17 July 1998, which lays the foundation for an effective and credible Court as an institution to fight impunity of the most heinous crimes and to deter their commission. The Council expresses the hope that the required number of sixty ratifications will be reached soon in order for the Court to become operative.

2. The definition of war crimes contained in the Statute includes a prohibition against the use of children in both international and internal armed conflict. Under this definition, conscripting or enlisting children under the age of 15 years into the national armed forces in the case of international armed conflict, or into armed forces or groups in the case of armed conflict not of an international character, using them to participate actively in hostilities constitutes a war crime in respect of which the Court has jurisdiction. This outcome is welcomed by the EU Member States, which had supported a clear and comprehensive prohibition of the use of children in armed conflict.

3. The question of the involvement of children in armed conflicts deserves a particularly important place on the international agenda. In this regard, the EU strongly supports the work of the UN Secretary General's Special Representative on Children in Armed Conflict. The EU calls upon all States to implement fully existing international standards and hopes that significant progress can be made on the optional protocol relating to the involvement of children in armed conflict.

4. More generally, ensuring full protection for children is one of the key objectives of the EU's human rights policy. The Convention on the Rights of the Child constitutes a strong and universal basis for such protection. The EU consistently promotes the implementation of the Convention.