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

 

SUMMARY OF:

Decision 2006/313/CFSP concluding the agreement between the International Criminal Court and the European Union on cooperation and assistance

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

Decision 2011/168/CFSP on the International Criminal Court

WHAT IS THE AIM OF THE DECISIONS AND THE AGREEMENT?

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

Guaranteeing the ICC’s independence

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

Supporting effective operation

Action Plan

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

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.

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